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WEBSITE TERMS OF USE

Welcome to the website of Artwork Bazaar (“Website”).

Introduction: the Website is principally an online marketplace for uploading and downloading materials inclusive of all videos, photographs, images, illustrations and other visual representations of any items relating primarily but not exclusively to film and television production and events (“Content”). These are the general Terms of Use (“Terms”) relating to the Website which we recommend you read carefully before you use the Website. These Terms are independent of any separate contractual agreement with us that may enable you to upload any Content to the Website (“Upload Agreement”) or to download any Content (“Download Agreement”) and no representation, whether express or implied, is made that you will be entitled to enter into an Upload Agreement or a Download Agreement with Artwork Bazaar .

These Terms are binding: by using the Website, whether or not you upload or download any Content, you are entering into a contractual agreement with Artwork Bazaar which is governed by these Terms. These Terms may be changed in our discretion and for any reason from time to time and you should refer to the Website as often as you can so that you become aware of any revisions and updates we make to these Terms from time to time. If you do not agree to be bound contractually by these Terms, please do not access or make use of the Website.

Your assurances: You represent that you are at least 18 years of age and that your use of the Website is not in breach of any applicable law in the country in which you are situated.You agree that the agreement you make with us on these Terms is supported by good and valuable consideration, the receipt and sufficiency of which you accept. Please also read the “Your Obligations” section of these Terms below.

Information about Artwork Bazaar : We are obliged to give you full details of our company to enable you to contact us at any time. Artwork Bazaar is the trading nameofAB FutureLimited and our registered office is at Sterling House, 5 Buckingham Place, Bellfield Road West, High Wycombe, Bucks, HP13 5HQ. Our registered number as a company incorporated in England and Wales is 11411724. You may contact us by email to support@artworkbazaar.com or by post to Sterling House, 5 Buckingham Place, Bellfield Road West, High Wycombe, Bucks, HP13 5HQ.

The following Terms apply:

  1. Website access and use

    1. Access to the Website is provided for your information for and use in accordance with these Terms.
    2. As a user of the Website, you are not entitled to upload or download any Content. We expressly allow you to upload Content that may be of personal or commercial interest to other users only if you enter into our Upload Agreement or to download Content if you enter into our Download Agreement. In either event, if any provisions of the Upload Agreement or the Download Agreement are in conflict with the provisions of these Terms, the provisions of the Upload Agreement or the Download Agreement (as the case may be) will override any conflicting provisions of these Terms.
    3. We may add to, subtract from, update or otherwise amend any feature or function of the Website at our option from time to time without any notice or liability to you. They currently include the provision of a platform and functionalities to enable you to upload or download Content if you are subject to an Upload Agreement or a Download Agreement. Any specific materials or Content may be removed at our discretion for any reason including but not limited to concerns we might have that relate to the intellectual property rights, consents, contractual entitlements, lawfulness or suitability of any materials or Content on the Website.
    4. We may contact you directly from time to time to let you know of any new features of the Website or give you news of any products or services of Artwork Bazaar that might be of interest to you.
    5. When you use the Website, you agree to comply with all relevant laws and regulations including, without limitation, copyright law which protects Artwork Bazaar as well as the owners of Content who are Artwork Bazaar’slicensors. Except as may be specifically permitted in these Terms, or unless you have entered into a Download Agreement with respect to Content, you may not use, reproduce, distribute, display, publish, transmit or otherwise exploit any part of the Website or any Content for any purpose without first obtaining express prior written consent from Artwork Bazaar .
    6. You may download and print pages from the Website for your personal use in accordance with these Terms. In downloading any Website material or Content depicted in any screenshot you acknowledge that you do not acquire any ownership rights in that material or Content. You acknowledge that you may not make any commercial use of any Content obtained in this way, or make any other use, or reproduce, display, distribute or create derivative works based on any Website material or Content, and that any commercial purposes you have with respect to any Content may only be discharged if you are a party to an Upload Agreement and/or a Download Agreement with us. If you download Content under a Download Agreement, you are also bound by contractual terms with the Content owner.
    7. Full information on any changes to any Website features and functions made available to you will be provided on the Website from time to time. All the changes we make will however be effective as soon as they appear.
    8. We are under no obligation to you to provide or make available the Website or any product or service in its present form, in any form, or at all.
  2. Your Obligations

    1. You assure Artwork Bazaar that you are at least 18 years of age and that you are able to enter into an agreement on these Terms.
    2. In addition to your agreement in accordance with Term 1.5, you agree to comply with these Terms and any notices we send you or which are placed on the Website in relation to its use.
    3. You must not circumvent or attempt to circumvent any content filtering techniques we use or attempt to to access parts of the Website (or any hardware, software or networks associated with it) that you do not have our authority to access, or use any automatic device such as a robot or spider or manual process to copy or scrape the Website or any Content within it.
    4. You must not attempt to gain unauthorized access to any other person or entity’s presence on the Website, whether or not such person or entity is another Website user or is a Content licensor or a customer purchasing Content, or interfere with that person or entity’s use of the Website or of any Content.
    5. You must not transmit to the Website or use the Website to transfer any content that contains or constitutes malware, viruses, worms, Trojan horses or other code with malicious, disruptive or destructive features
  3. Intellectual Property Rights

    1. The Website contains material and Content belonging to Artwork Bazaar or its licensors and other third parties that is protected by intellectual property rights of any third party inclusive of, but not limited to, copyright, moral rights, trade marks, database right, design right, patents or know-how (“Intellectual Property Rights”) of Artwork Bazaar , its licensors and other third parties.
    2. All Content is covered and protected by the Intellectual Property Rights of the respective Content owners or other third party licensors.
    3. The Website and its included material such as text, illustrations, images, software, graphics, photographs, sound, music, film, URLs, technology, documentation, interactive features incorporates the Intellectual Property Rights of Artwork Bazaar and its licensors.The Website in terms of how it appears to you online and the underlying code is protected by Intellectual Property Rights including but not limited to copyright, database right and design right vesting in Artwork Bazaar andits licensors.
    4. Except for the limited licence granted to you as set out in the next paragraph, Artwork Bazaar reserves all of its Intellectual Property Rights in the foregoing and in AB Future™ and ARTWORK BAZAAR™ which are trade marks owned byAB Future Limited.You do not receive any right or any licence with respect to such trade marks or any other trade marks that belong to us .
    5. We grant you a limited, revocable, non-exclusive, non-assignable, non-sub-licensable, royalty free, worldwide licence for as long as you wish to use the Website, under Artwork Bazaar’sIntellectual Property Rights to access the Website and view Content on a passive basis.This licence may be revoked at any time at our discretion.
    6. You are welcome to provide us with suggestions that might improve or enhance the Website, or other tips, ideas or information but any such provisions (which we do not solicit) are non-confidential. You must not however upload, send or post any work or material to us that infringes the Intellectual Property Rights of others or which is defamatory, malicious, obscene or indecent. Artwork Bazaaris entitled to use the information or material you send without restriction for any purpose without acknowledgement, recognition or compensation in your favour. You do not assert any Intellectual Property Rights in such provisions, (but if you do and they are provided to Artwork Bazaar , you assign all such Intellectual Property Rights to us with full title guarantee) and waive all moral rights in them that may exist under Chapter IV of the Copyright, Designs and Patents Act 1988. If you do not wish to relinquish your rights to AB Future Ltd in any suggestions or materials or you wish to be paid or assert your own Intellectual Property Rights in them, please do not provide any such suggestions to us.
  4. Disclaimers

    1. The Website, including without limitation, all materials belonging to Artwork Bazaar is provided on an “AS IS” and“AS AVAILABLE” basis to the fullest extent permissible by law and neither Artwork Bazaarnor any of its directors, employees, agents or companies within its group of companies being subsidiaries or holding companies of AB Future Limited and any subsidiary of such as holding company (all of the foregoing being called “AB Future Affiliates”) make any representations or warranties or endorsements of any kind whatsoever express or implied as tothe Website or any content or materials or security associated with the transmission of information to Artwork Bazaar .
    2. Artwork Bazaar specifically disclaims any liability for your use of the Website or of any materials or any information that you obtain from the Website. You use the Website at your own discretion and risk and you are solely responsible for any damage to your computers or systems or existing data that results from your use and access to the Website.
    3. Artwork Bazaar hereby disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for any purpose or generally, non-infringement of third party Intellectual Property Rights, title, quiet enjoyment and freedom from computer viruses and the like. Artwork Bazaarfurther disclaims all warranties and responsibilities, whether express or implied, relating to links from the Website to third party websites which we do not control, sponsor, maintain or endorse.
    4. Artwork Bazaar does not represent or warrant that the Website will be error free or uninterrupted or that defects will be corrected or that the Website or the server that makes the Website available free from any harmful components, including without limitation, viruses.Artwork Bazaardoes not make any representation or warranty that the information on the Website is accurate, complete, fit for your purposes or useful.You use the Website at your sole risk.
    5. Artwork Bazaar does not warrant that your use of the Website is lawful in any particular jurisdiction. By accessing or using the Website, you represent and warrant that your activities are lawful in every jurisdiction where you access the use of the Website.
  5. Limitation of Liability

    1. Under no circumstances will Artwork Bazaar be liable to you for any loss or damage of any kind (including, without limitation for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to the Website or your use of or inability to use the Website or any action taken in connection with the investigation by Artwork Bazaar or by any law or government enforcement authority regarding your use of the Website or any action taken by or in connection with any third party intellectual property rights owners or any omission in the provision or availability of the Website or operations of Artwork Bazaar or any damage to your computer, mobile device or other equipment or technology including damage from viruses or technical malfunctions, even if foreseeable or even if Artwork Bazaar has been advised or should have known that the possibility of such damage.Artwork Bazaar shall not be liable in connection with any loss or damage resulting from any dealings you may have with any third party that is introduced or facilitated through your use of the Website.
    2. In no event will Artwork Bazaar’stotal liability to you for any damages, losses or causes of action exceed £100 sterling.
    3. You agree in the event that you incur any damages, losses or injuries that arise out of Artwork Bazaar’sacts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle to an injunction preventing any exploitation of the Website or any other service or product or technology of Artwork Bazaarand you have no right to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Website or any product or other service controlled by Artwork Bazaar .
  6. Indemnity

    1. You agree to defend at Artwork Bazaar’s request and indemnify and hold Artwork Bazaarand all AB Fututre Affiliates and all licensors and customers of Artwork Bazaarharmless from and against all claims, liabilities, damages, losses and expenses including without limitation, reasonable legal fees and costs, arising out of or in any way connected with your Content (inclusive of all third party materials embedded within it) and any access to or use of the Website by you, and of your dealings with third parties introduced or facilitated by means of the Website, your breach or alleged breach of your agreement with Artwork Bazaar on these Terms and any violation of any third party rights including, without limitation, any Intellectual Property Rights, right of publicity, confidentiality, property or privacy right your violation of any laws, rules, regulations, codes, guidelines, ordnances or orders of any governmental or regulatory authority or any misrepresentation made by you.You will co-operate as fully required by Artwork Bazaar in the defence of any claim.Artwork Bazaar reserves the right to pursue the exclusive defence and control of any matter subject to this indemnity and you will not in any event settle any claim without the prior written consent of Artwork Bazaar .
  7. Privacy

    For further information, please see our Privacy Policy at www.artworkbazaar.com/privacy. All information you supply about yourself and others is subject to our Privacy Policy.

  8. No Waiver

    1. Any failure by Artwork Bazaar to act with respect to any breach of our agreement by you does not waive our right to act in respect of that breach or subsequent similar or other breaches.
    2. Except as expressly and specifically contemplated by these Terms, no representations, statements, consents, waivers, or other acts or omissionsshall be deemed legally binding on Artwork Bazaar or on anyAB Future Affiliate unless documented in writing and signed by an authorised signatory of Artwork Bazaaror the AB Future Affiliate.
  9. Governing law

    1. These Terms are governed by and construed in accordance with the law of England and Wales.
    2. You agree that any claims or disputes arising under or in connection with these Terms and the agreement between us that incorporates them must be resolved in the courts of England and Wales.
  10. Severance

    If any of these Terms are found by a court of competent jurisdiction or other legal or regulatory authority to be invalid or otherwise unenforceable, Artwork Bazaar and you agree that such invalid or unenforceable Terms will be deemed severed from the remainder of these Terms and will not affect the validity of the remaining Terms of our agreement which shall remain in full force and effect.

  11. Entire agreement

    The Terms and our agreement incorporating them constitute the entire agreement between yourself and Artwork Bazaar and governs your use of the Website and the features and functions it provides. Any prior agreements or understandings made between you and Artwork Bazaar are hereby superseded.

  12. No transfer

    You may not assign, transfer, novate, sub-contract or otherwise dispose of your rights or obligations created by our agreement with you on these Terms, in whole or in part, without the prior written consent of Artwork Bazaar , but Artwork Bazaar may assign all or any part of such agreement to any third party without your consent.

    AB Future Limited trading as Artwork Bazaar. Version 1.3 01 March 2018.

    ©2018 AB Future Limited

  13. Refunds/Cancellation

    All refund requests have to be made in writing within 14 days of your invoice date. We can only refund your unused credits. Once approved, Artwork Bazaar will issue a credit to the card or account used.