Terms of Use - be-Art magazine

Agreement between User and be-Art LLC

Welcome to be-Art magazine (bAm). The be-Art magazine website (www.beartmagazine.com) is comprised of various web pages operated by be-Art LLC. www.beartmagazine.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.beartmagazine.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.beartmagazine.com is a Services and Sell Site. The purpose of be-Art magazine (bAm ) is to create a high-quality-only media environment in the field of contemporary art. bAm provides strong selection of Artists, art galleries, art fairs, and exhibitions through articles, photographs and videos. be-Art LLC uses beartmagazine.com to promote the Arts, and to sell Art with the consent of the artists.

Electronic Communications

Visiting www.beartmagazine.com or sending emails to bAm constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that bAm is not responsible for third party access to your account that results from theft or misappropriation of your account. bAm and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

bAm does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.beartmagazine.com only with permission of a parent or guardian.

Links to third party sites/Third party services

www.beartmagazine.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of bAm and bAm is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. bAm is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by bAm of the site or any association with its operators.

Certain services made available via www.beartmagazine.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.beartmagazine.com domain, you hereby acknowledge and consent that bAm may share such information and data with any third party with whom bAm has a contractual relationship to provide the requested product, service or functionality on behalf of www.beartmagazine.com users and customers.

Copyright Notice

All materials contained on this site are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior permission of be-Art LLC, or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

Links to websites are offered as a service to readers. The editorial staff of beartmagazine.com is not involved in the production of these sites, and is not responsible for their content. We don’t use third-party trademarks to show an endorsement/sponsorship of a company.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of bAm or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

All photographs, images and videos reproduced on beartmagazine.com are the sole property of their creators. No image or video on the site may be used in anyway without permission of the copyright owner.

bAm systematically sources and credits all the content it shows; it gives the contact details for all the artists it features; and it uses only low-definition images that cannot be used commercially. The founding principle of be-Art LLC is making culture available to all and includes both public domain and copyrighted works of art.

Copyrighted images and videos are only shown when a written licensing agreement from each artist or its representatives has been granted. be-Art LLC asks permission to each copyright owner before publishing their work. They can end this agreement anytime simply by contacting us at contact(at)beartmagazine.com. All rights are reserved and acknowledged.

Because be-Art magazine has permission to show images does not imply someone else or any other website has permission to do so. You may not copy, adapt, re-publish, make available to the public or print off copies of beartmagazine.com content in any way without our prior written permission and the permission of the concerned copyright owners (photographers, galleries, museums…).

If you suspect any copyright violations on our side, please contact be-Art magazine as soon as possible at contact(at)beartmagazine.com.

Use of communication services

The Site may contain bulletin board services, chat areas “comment”, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

bAm has no obligation to monitor the Communication Services. However, bAm reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. bAm reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

bAm reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in bAm’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. bAm does not control or endorse the content, messages or information found in any Communication Service and, therefore, bAm specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized bAm spokespersons, and their views do not necessarily reflect those of bAm.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to www.beartmagazine.com or posted on any bAm web page

bAm does not claim ownership of the materials you provide to www.beartmagazine.com (including feedback and suggestions) or post, upload, input or submit to any bAm Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting bAm, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. bAm is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in bAm’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by bAm from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws.

You agree that you will not use the bAm Content accessed through www.beartmagazine.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless bAm, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. bAm reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with bAm in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BE-ART MAGAZINE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BE-ART MAGAZINE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BE-ART MAGAZINE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BE-ART MAGAZINE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BE-ART MAGAZINE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

bAm reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and bAm as a result of this agreement or use of the Site. bAm’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of bAm’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by bAm with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and bAm with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and bAm with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

be-Art LLC reserves the right, in its sole discretion, to change the Terms under which www.beartmagazine.com is offered. The most current version of the Terms will supersede all previous versions. be-Art LLC encourages you to periodically review the Terms to stay informed of our updates.