All the artworks including and not limited to images, videos, sounds and other materials used on this site are for educational and non-for-profit usage.

All the artworks remain the full the property of each artist and are a courtesy of the artist to be displayed on this website.

GENERAL TERMS AND CONDITIONS

 

BACKGROUND:

 

         These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.agoradigital.art  (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

 

 

  1.         Definitions and Interpretation

1.1      In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account” means an account required for a User to access certain areas of Our Site, as detailed in Clause 4;
“Our Site” means this website, www.agoradigital.art  and a reference to “Our Site” includes reference to any and all content included therein (including User Content, unless expressly stated otherwise);
“User” means a user of Our Site;
“User Content” means any electronic file submitted by Users to Our Site; and
“We/Us/Our” means The House of The Artists (THoTA), a company registered in England under 10262496 number, whose registered address is 67-68 Hatton Garden, London EC1N 8JY, United Kingdom.

 

  1.         Information About Us

2.1      Our Site, www.agoradigital.art , is owned and operated by The House of The Artists (THoTA) , a limited company registered in England under 10262496 number, whose registered address is 67-68 Hatton Garden, London EC1N 8JY, United Kingdom.

2.2       We are a member of  Social Enterprise UKReach Volunteering and NCVO.

 

  1.         Access to Our Site

3.1      Access to Our Site is free of charge.  No part of Our Site requires payment of any kind in order to access or use it.  Certain parts of Our Site may require an Account to log in and submit User Content.  Accounts are free of charge.

3.2      It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3      Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

  1.         Accounts

4.1      Certain parts of Our Site (including, but not limited to the ability to submit User Content) may require an Account in order to access them.

4.2      You may not create an Account if you are under 18 years of age.  If you are under <> years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.

4.3      When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.4      We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols”.  It is your responsibility to keep your password safe.  You must not share your Account with anyone else.  If you believe your Account is being used without your permission, please Contact Us immediately.  We will not be liable for any unauthorised use of your Account.

4.5      You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

4.6      Any personal information provided in your Account will be collected, used and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 16.

4.7      If you wish to close and delete your Account, you may do so at any time.  Deleting your Account will result in the removal of your information.  Deleting your Account will also remove access to any areas of Our Site requiring an Account for access.

4.8      If you close and delete your Account, any User Content you have submitted to Our Site will be deleted and the licence granted to Us under sub-Clause 6.4 will be terminated.

 

  1.         Intellectual Property Rights and Our Site

5.1      Subject to the licence granted to Us under sub-Clause 6.4, Users retain the ownership of copyright and other intellectual property rights subsisting in User Content submitted by them (unless any part of such User Content is owned by a third party who has given their express permission for their material to be used in the User Content).  All other content included on Our Site (including all user-facing material, and all underlying content such as code, software and databases) and the copyright and other intellectual property rights subsisting in that content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All content is protected by applicable the United Kingdom and international intellectual property laws and treaties.

5.2      For personal use (including research and private study) only, you may:

5.2.1  Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

5.2.2  Download Our Site (or any part of it) for caching;

5.2.3  Print pages from Our Site;

5.2.4  Download, copy, clip, print, or otherwise save extracts from pages on Our Site;

5.2.5  Save pages from Our Site for later and/or offline viewing;

5.2.6  View and use User Content in accordance with the permissions displayed with that User Content and set out in Clause 7;

5.3      You may not use any content (including User Content) downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a licence to do so from Us, our licensors, or from the relevant User, as appropriate.  This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

5.4      You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.

5.5      Subject to sub-Clauses 5.2 and 5.7 and Clause 7 (governing User Content) you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use content or any other material from Our Site unless clearly given express permission to do so.

5.6      Our status as the owner and author of the content on Our Site (or that of identified licensors or Users, as appropriate) must always be acknowledged.

5.7      Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering, in particular, the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

 

  1.         User Content

6.1      An Account is required if you wish to submit User Content to Our Site.  For terms and conditions pertaining to Accounts, please refer to Clause 4.

6.2      If you wish to submit User Content to Our Site, you agree that you will be solely responsible for that User Content.  Specifically, you agree, represent and warrant that you have the right to submit the User Content and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 8.

6.3      You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2.  You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.4      You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.  By submitting User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site.

6.5      If you wish to remove User Content, you may do so by contacting us agoradigitalart(at)gmail(dot)com.  We will use reasonable efforts to remove the User Content in question from Our Site.  You acknowledge, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

6.6      We may reject, reclassify, or remove any User Content submitted to Our Site where that User Content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

 

  1.         Intellectual Property Rights and User Content

7.1      User Content included on Our Site and the copyright and other intellectual property rights subsisting in that User Content, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with that User Content.  All User Content is protected by the applicable United Kingdom and international intellectual property laws and treaties.

7.2      Users have the right to copy, distribute, publicly perform, publicly display, reproduce, and create derivative works based upon, each others’ User Content provided that no such use is for commercial purposes.

7.3      We take technical measures to limit and/or restrict the ability of Users to unlawfully copy User Content submitted to Our Site. Despite such measures, We do not make any representation or warranty that your User Content will not be unlawfully copied without your permission.

7.4      Unless a particular User expressly states otherwise, the identity and ownership status of Users and User Content must always be acknowledged.

7.5      Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyright, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

 

  1.         Acceptable Usage Policy

8.1      You may only use Our Site (including, but not limited to the submission of User Content) in a manner that is lawful and that complies with the provisions of this Clause 8.  Specifically:

8.1.1  you must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;

8.1.2  you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

8.1.3  you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

8.1.4  you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

8.2      When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:

8.2.1  is sexually explicit;

8.2.2  is obscene, deliberately offensive, hateful, or otherwise inflammatory;

8.2.3  promotes violence;

8.2.4  promotes or assists in any form of unlawful activity;

8.2.5  discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

8.2.6  is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

8.2.7  is calculated or otherwise likely to deceive;

8.2.8  is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

8.2.9  misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.2);

8.2.10   implies any form of affiliation with Us where none exists;

8.2.11   infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or

8.2.12   is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

8.3      We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 8 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:

8.3.1  suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

8.3.2  remove any of your User Content which violates this Acceptable Usage Policy;

8.3.3  issue you with a written warning;

8.3.4  take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

8.3.5  take further legal action against you as appropriate;

8.3.6  disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

8.3.7  any other actions which We deem reasonably appropriate (and lawful).

8.4      We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

 

  1.         Links to Our Site

9.1      You may link to Our Site provided that:

9.1.1  you do so in a fair and legal manner;

9.1.2  you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

9.1.3  you do not use any logos or trademarks displayed on Our Site without Our express written permission; and

9.1.4  you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

9.2      You may link to any page of Our Site provided you comply with the remainder of this Clause 9.

9.3      Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at agoradigitalart(at)gmail(dot)com for further information.

9.4      You may not link to Our Site from any other site the content of which contains material that:

9.4.1  is sexually explicit;

9.4.2  is obscene, deliberately offensive, hateful or otherwise inflammatory;

9.4.3  promotes violence;

9.4.4  promotes or assists in any form of unlawful activity;

9.4.5  discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

9.4.6  is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

9.4.7  is calculated or is otherwise likely to deceive;

9.4.8  is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

9.4.9  misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.4);

9.4.10   implies any form of affiliation with Us where none exists;

9.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or

9.4.12   is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

9.5      Please note that the content criteria described under sub-Clause 9.4 apply only to content over which the owner and/or operator of the site in question has direct control.  You will not, therefore, be in breach of these Terms and Conditions if, for example, other users of a site on which you establish a link to Our Site post content such as comments that violate the above criteria.

 

  1.     Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third-party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

  1.     Advertising

11.1   We may feature advertising on Our Site and We reserve the right to display advertising on the same page as any User Content.

11.2   You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.

11.3   We are not responsible for the content of any advertising on Our Site.  Each advertiser is responsible for the content of their own advertising material.  We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.

 

  1.     Disclaimers

12.1   Nothing on Our Site constitutes advice on which you should rely.  Our Site is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action relating to health.

12.2   Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

12.3   We make reasonable efforts to ensure that Our content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that such content is complete, accurate, or up-to-date.  If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site created by Us (that is not User Content) damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

12.4   We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content submitted to Our Site.  Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.

 

  1.     Our Liability

13.1   To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any content (whether that content is provided by Us or whether it is User Content) included on Our Site.

13.2   To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any content (including User Content) included on Our Site.

13.3   Our Site is intended for non-commercial use only.  If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

13.4   We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 12.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial-of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any content (including User Content) from it) or any other site referred to on Our Site.

13.5   We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

13.6   Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

  1.     Viruses, Malware and Security

14.1   We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware including, but not limited to, the scanning of all User Content for viruses and malware as it is uploaded.  We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 13.4.

14.2   You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

14.3   You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

14.4   You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

14.5   You must not attack Our Site by means of a denial of service attack, a distributed denial-of service attack, or by any other means.

14.6   By breaching the provisions of sub-Clauses 14.3 to 14.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.

 

  1.     Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from  Cookie Policy and Privacy Policy.  These policies are incorporated into these Terms and Conditions by this reference.

 

  1.     Data Protection

16.1   All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.

16.2   We may use your personal information to:

16.2.1   Reply to any communications you send to Us;

16.2.2   Send you important notices, as detailed in Clause 17;

16.3   We will not pass on your personal information to any third parties without first obtaining your express permission to do so.

 

  1.     Communications from Us

17.1   If you have an Account, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.

17.2   We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt-out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  Email marketing options can also be changed in the mailing provider Account Preferences.  If you opt-out of receiving emails from us at any time, it may take up to seven (7) business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.

17.3   For questions or complaints about email communications from Us (including, but not limited to marketing emails), please contact Us at agoradigitalart(at)google(dot)com or via the Contact Form on http://agoradigital.art/about/.

 

  1.     Changes to these Terms and Conditions

18.1   We may alter these Terms and Conditions at any time.  If We do so, details of the changes will be highlighted at the top of this page.  Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

18.2   In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

  1.     Contacting Us

To contact Us, please email Us at agoradigitalart(at)gmail(dot)com or using any of the methods provided on Our contact page at http://agoradigital.art/about/.

 

  1.     Law and Jurisdiction

20.1   These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

20.2   If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

20.3   If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

PRIVACY POLICY, COOKIE AND GDPR

 

BACKGROUND:

 

 

Agora Digital Art understands that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits Our Site and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and Our obligations under the law.

 

This Policy applies to Our use of any and all data collected by us in relation to your use of Our Site. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.

 

  1.         Definitions and Interpretation

In this Policy the following terms shall have the following meanings: 

 

“Account” means an account required to access and/or use certain areas and features of Our Site;
“Cookie” means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 12, below;
“Our Site” means this website, www.agoradigitalart.com
“UK and EU Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended in 2004, 2011, 2015 and 2018; 
“We/Us/Our” means The House of The Artists (THoTA), a limited company registered in England under 10262496 number, whose registered address is 67-68 Hatton Garden, London EC1N 8JY, United Kingdom.
  1.         Information About Us

2.1      Our Site, www.agoradigital.art, is owned and operated by The House of The Artists (THoTA), a limited company registered in England under 10262496 number, whose registered address is 67-68 Hatton Garden, London EC1N 8JY, United Kingdom.

2.3      We are a member of  Social Enterprise UKReach Volunteering and NCVO.

 

  1.         Scope – What Does This Policy Cover?

This Privacy Policy applies only to your use of Our Site. It does not extend to any websites that are linked to from Our Site (whether We provide those links or whether they are shared by other users). We have no control over how your data is collected, stored or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.

 

  1.         What Data Do We Collect?

Some data will be collected automatically by Our Site [(for further details, please see section 12 on Our use of Cookies [and Our Cookie Policy <>])], other data will only be collected if you voluntarily submit it, for example, when signing up for an Account. Depending upon your use of Our Site, We may collect some or all of the following data:

4.1      name;

4.2      contact information such as email addresses and telephone numbers;

4.3      demographic information such as Country code, preferences and interests;

4.4   IP address (automatically collected);

4.5   web browser type and version (automatically collected);

4.6  operating system (automatically collected);

4.7   a list of URLs starting with a referring site, your activity on Our Site, and the site you exit

 

  1.         How Do We Use Your Data?

5.1      All personal data is stored securely in accordance with the principles of The new General Data Protection Regulation (GDPR), which came into force on 25 May 2018 across all EU member states. The UK Government’s Data Protection Bill 2018 brings this into UK law so this will not be affected by Brexit. A similar bill is passed in all other EU member states, including the Republic of Ireland. For more details on security see section 6, below.

5.2      We use your data to provide the best possible services to you. This includes:

5.2.1  Providing and managing your Account;

5.2.2  Providing and managing your access to Our Site;

5.2.3  Personalising and tailoring your experience on Our Site;

5.2.4  Supplying Our services to you;

5.2.5  Personalising and tailoring Our services for you;

5.2.6  Responding to communications from you;

5.2.7  Supplying you with email newsletters and invitation to events that you have subscribed to (you may unsubscribe or opt-out at any time by accessing the mailing site Change Preferences;

5.2.8  Market research;

5.3      With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email AND/OR post with information, news and offers on Our services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011, 2015 and 2018.

5.4      Advertisers whose content appears on Our Site may engage in what is known as “behavioural advertising” – advertising which is tailored to your preferences, based on your activity. Your activity is monitored using Cookies, as detailed below in section 12. You can control and limit your data used in this way by adjusting your web browser’s privacy settings. Please note that We do not control the activities of such advertisers, nor the information they collect and use. Limiting the use of your data in this way will not remove the advertising, but it will make it less relevant to your interests and activities on Our Site.

 

  1.         How and Where Do We Store Your Data?

6.1      We only keep your data for as long as We need to in order to use it as described above in section 5, and/or for as long as We have your permission to keep it.

6.2      Your data will only be stored within the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein).

6.3      Data security is of great importance to Us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through Our Site.

6.4      Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the internet.

 

  1.         Do We Share Your Data?

7.1      We may share your data with other companies in Our group. This includes Agora Digital Art AND/OR Our holding company and its subsidiaries.

7.2      We may sometimes contract with third parties to supply services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.

7.3      We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.

7.4      In certain circumstances We may be legally required to share certain data held by Us, which may include your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of Us.

 

  1.         What Happens If Our Business Changes Hands?

8.1      We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Data provided by users will, where it is relevant to any part of Our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use the data for the purposes for which it was originally collected by Us.

8.2      In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will be given the choice to have your data deleted or withheld from the new owner or controller.

 

  1.         How Can You Control Your Data?

9.1      When you submit information via Our Site, you may be given options to restrict Our use of your data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and by managing your Account).

9.2      You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

  1.     Your Right to Withhold Information

10.1   You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.

10.2   You may restrict your internet browser’s use of Cookies. For more information, see section 12.

 

  1.     How Can You Access Your Data?

You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held). Please contact Us for more details at agoradigitalart(at)gmail(dot)com, or using the contact details below in section 13. 

 

  1.     What Cookies Do Us Use and What For?

12.1   Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our services. For more details, please refer to section 5, above, and to section 12.6 below. We have carefully chosen these Cookies and have taken steps to ensure that your privacy is protected and respected at all times.

12.2   By using Our Site you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than Us. We use third-party Cookies on Our Site for better scheduling of our events (time zone related). For more details, please refer to section 5, above, and to section 12.6 below. These Cookies are not integral to the functioning of Our Site.

12.3   All Cookies used by and on Our Site are used in accordance with current UK and EU Cookie Law.

12.4   Before any Cookies are placed on your computer or device, subject to section 12.5, you will be shown a Description of Prompt, e.g. pop-up, message bar etc., requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow only first party Cookies and block third party Cookies.

12.5   Certain features of Our Site depend on Cookies to function. UK and EU Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 12.6. Your consent will not be sought to place these Cookies. You may still block these cookies by changing your internet browser’s settings as detailed below in section 12.7, but please be aware that Our Site may not work as intended if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.

12.6   The following first party Cookies may be placed on your computer or device:

 

Name of Cookie Purpose Strictly Necessary
Facebook pixel To know our audience Yes
Google Analytics To know our audience Yes

 

and the following third party Cookies may be placed on your computer or device to date May 2020, N/A

 

Name of Cookie Provider Purpose

 

12.7   You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

12.8   You can choose to delete Cookies at any time however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.

12.9   It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

 

  1.     Contacting Us

If you have any questions about Our Site or this Privacy Policy, please contact Us by email at agoradigitalart(at)gmail(dot)com. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 11, above).

 

  1.     Changes to Our Privacy Policy

We may change this Privacy Policy as we may deem necessary from time to time, or as may be required by law. Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

FORUM TERMS AND CONDITIONS

 

BACKGROUND:

 

         These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.agoradigital.art (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

 

 

  1.         Definitions and Interpretation

1.1      In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account” means an account required for a User to access certain areas of Our Site, as detailed in Clause 4;
“Forum” means a discussion forum hosted on Our Site;
“Post” means a post in a Forum on Our Site (and includes any and all content in such posts including, but not limited to, art, digital or new media art and technology);
“System” means any online communications infrastructure that We make available through Our Site either now or in the future.  This may include, but is not limited to, contact forms, email, live chat and forums;
“User” means a user of Our Site; and
“We/Us/Our” means The House of The Artists (THoTA),  a company registered in England under 10262496 number, whose registered address is 67-68 Hatton Garden, London EC1N 8JY, United Kingdom.

 

  1.         Information About Us

2.1      Our Site, www.agoradigital.art, is owned and operated by The House of The Artists (THoTA), a limited company registered in England under 10262496 number, whose registered address is 67-68 Hatton Garden, London EC1N 8JY, United Kingdom. 

2.2       We are a member of  Social Enterprise UKReach Volunteering and NCVO.

 

  1.         Access to Our Site

3.1      Access to Our Site is free of charge.  No part of Our Site requires payment of any kind in order to access or use it.  Certain parts of Our Site may require an Account to log in and post.  Accounts are free of charge.

3.2      It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3      Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

  1.         Accounts

4.1      Certain parts of Our Site (including the ability to submit Posts to a Forum) may require an Account in order to access them.

4.2      You may not create an Account if you are under 18 years of age. If you are under 18 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.

4.3      When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.4      We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.  It is your responsibility to keep your password safe.  You must not share your Account with anyone else.  If you believe your Account is being used without your permission, please Contact Us immediately.  We will not be liable for any unauthorised use of your Account.

4.5      You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

4.6      Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 14.

4.7      If you wish to close and delete your account, you may do so at any time.  Deleting your Account will result in the removal of your information.  Deleting your Account will also remove access to any areas of Our Site requiring an Account for access.

4.8      If you close and delete your Account, any Posts you have made on Our Site will be deleted.

 

  1.         Intellectual Property Rights

5.1      Subject to the licence granted to Us under sub-Clause 6.4, Users retain the ownership of copyright and other intellectual property rights subsisting in Posts made by them (unless any content in those posts is owned by a third party who has given their express permission for that content to be used in a Post under these Terms and Conditions).  All other content included on Our Site (including all user-facing material, and all underlying content such as code, software and databases) and the copyright and other intellectual property rights subsisting in that content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All content is protected by the applicable United Kingdom and international intellectual property laws and treaties.

5.2      For personal use (including research and private study) only, you may:

5.2.1  Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

5.2.2  Download Our Site (or any part of it) for caching;

5.2.3  Print pages from Our Site;

5.2.4  Download, copy, clip, print, or otherwise save extracts from pages on Our Site;

5.2.5  Quote, share and so forth, other Users’ Posts within the Forums on Our Site;

5.2.6  Save pages from Our Site for later and/or offline viewing.

5.3      You may not use any content downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site (including the Forums) for general information purposes whether by business users or consumers.

5.4      You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.

5.5      Subject to sub-Clauses 5.2 and 5.7 you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use content or any other material from Our Site unless given express written permission to do so.

5.6      Our status as the owner and author of the content on Our Site (or that of identified licensors or Users, as appropriate) must always be acknowledged.

5.7      Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering, in particular, the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

 

  1.         Forum Posts

6.1      An Account is required if you wish to submit Posts to Our Forum(s).  For terms and conditions pertaining to Accounts, please refer to Clause 4.

6.2      If you wish to submit Posts to Our Forum(s), you agree that you will be solely responsible for those Posts.  Specifically, you agree, represent and warrant that you have the right to submit the content of a Post and that your Post will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 7.

6.3      You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2.  You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.4      You (or your licensors, as appropriate) retain ownership of the content of your Posts and all intellectual property rights subsisting therein.  By submitting a Post, you grant Us a non-exclusive, royalty-free, irrevocable, worldwide licence to reproduce, distribute, re-format, store, publicly display, and sub-licence your Post for the purposes of operating or promoting Our Site and the Forum(s).  Other Users may also <> your Posts within Our Site and otherwise in accordance with the provisions of Clause 5.

6.5      If you wish to remove a Post, your original Post will be deleted, however, due to the functionality of Our Site, any quotes, shares and so forth of your Post will remain.

6.6      We may reject, reclassify, or remove any Posts submitted to Our Site where the content of those Posts, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Post(s) in question should be removed as a result.

 

  1.         Acceptable Usage Policy

7.1      You may only use Our Site (including, but not limited to, the Forum(s)) in a manner that is lawful and that complies with the provisions of this Clause 7.  Specifically:

7.1.1  You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;

7.1.2  You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

7.1.3  You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

7.1.4  You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

7.2      When submitting Posts (or communicating in any other way using Our Site), you must not:

7.2.1  Post or communicate anything that is sexually explicit;

7.2.2  Post or communicate in a way that is obscene, deliberately offensive, hateful or otherwise inflammatory;

7.2.3  Post or communicate anything that promotes or assists in any form of unlawful activity;

7.2.4  Post or communicate anything that discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;

7.2.5  Do anything that is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

7.2.6  Do anything that is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

7.2.7  Misleadingly impersonate any person or otherwise misrepresent your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);

7.2.8  Imply any form of affiliation with Us where none exists;

7.2.9  Infringe, or assist in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or

7.2.10   Post or communicate in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

7.3      We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:

7.3.1  Suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

7.3.2  Remove any Post(s) submitted by you that violate(s) this Acceptable Usage Policy;

7.3.3  Issue you with a written warning;

7.3.4  Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

7.3.5  Take further legal action against you as appropriate;

7.3.6  Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

7.3.7  Any other actions that We deem reasonably appropriate (and lawful).

7.4      We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

 

  1.         Links to Our Site

8.1      You may link to Our Site provided that:

8.1.1  You do so in a fair and legal manner;

8.1.2  You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

8.1.3  You do not use any logos or trademarks displayed on Our Site without Our express written permission; and

8.1.4  You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

8.2      You may link to any page of Our Site provided you comply with the remainder of this Clause 8.

8.3      Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at agoradigitalart(at)gmail(dot)com for further information.

8.4      You may not link to Our Site from any other site the content of which contains material that:

8.4.1  Is sexually explicit;

8.4.2  Is obscene, deliberately offensive, hateful or otherwise inflammatory;

8.4.3  Promotes violence;

8.4.4  Promotes or assists in any form of unlawful activity;

8.4.5  Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

8.4.6  Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

8.4.7  Is calculated or is otherwise likely to deceive another person;

8.4.8  Is designed or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

8.4.9  Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.4);

8.4.10   Implies any form of affiliation with Us where none exists;

8.4.11   Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or

8.4.12   Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

8.5      Please note that the content criteria described under sub-Clause 8.4 apply only to content over which the owner and/or operator of the site in question has direct control.  You will not, therefore, be in breach of these Terms and Conditions if, for example, other users of a site on which you establish a link to Our Site post content such as comments that violate the above criteria.

 

  1.         Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third-party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

  1.     Disclaimers

10.1   Nothing on Our Site constitutes advice on which you should rely.  Our Site is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action relating to health.

10.2   We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

10.3   We make reasonable efforts to ensure that Our content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate, or up-to-date.

10.4   We are not responsible for the content or accuracy, or for any views expressed in any Posts submitted by Users.  Any such views or content represent the views and values of the relevant User, and do not reflect Our views and values in any way.

 

  1.     Our Liability

11.1   To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any content (whether that content is provided by Us or whether it is in the form of Posts submitted by Users) included on Our Site.

11.2   To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any content (including Posts) included on Our Site.

11.3   Our Site is intended for non-commercial use only.  If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

11.4   We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware, however subject to sub-Clause 10.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial-of-service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any content (including any provided in Posts) from it) or any other site referred to on Our Site.

11.5   We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

11.6   Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

  1.     Viruses, Malware and Security

12.1   We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

12.2   You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

12.3   You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

12.4   You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

12.5   You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

12.6   By breaching the provisions of sub-Clauses 12.3 to 12.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.

 

  1.     Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from Cookie Policy and Privacy Policy.  These policies are incorporated into these Terms and Conditions by this reference.

 

  1.     Data Protection

14.1   All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under and Our obligations under that Act.

14.2   We may use your personal information to:

14.2.1   Reply to any communications you send to Us;

14.2.2   Send you important notices, as detailed in Clause 15;

14.3   We will not pass on your personal information to any third parties. 

 

  1.     Communications from Us

15.1   If you have an Account, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.

15.2   We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt-out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  Email marketing options can also be changed in mailing site: Account preferences.  If you opt-out of receiving emails from Us at any time, it may take up to <> business days for your new preferences to take effect.  During that time, you may continue to receive emails from Us.

15.3   For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at agoradigitalart(at)gmail(dot)com or via http://agoradigital.art/about/.

 

  1.     Changes to these Terms and Conditions

16.1   We may alter these Terms and Conditions at any time.  If We do so, details of the changes will be highlighted at the top of this page.  Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

16.2   In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

  1.     Contacting Us

To contact Us, please email Us at agoradigitalart(at)gmail(dot)com or using any of the methods provided on Our contact page at http://agoradigital.art/about/.

 

  1.     Law and Jurisdiction

18.1   These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

18.2   If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

18.3   If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Anyone aged min. of 18 years can attend the forum.

Some content of the programme might not be adequate for minors. We recommend the audience to be min. 18 years old.

Image release form

I hereby grant the undersigned organisation “Agora Digital Art” permission to screenshot me during the DATA event.

I further give my irrevocable consent to “Agora Digital Art” and its direct or indirect licensees and assignees to publish, republish or otherwise transmit the images of my avatar in any medium for all purposes throughout the world.

I understand that the images may be altered or modified in any manner. I hereby waive any right that I may have to inspect and approve a finished product or the copy that may be used in connection with an image that “Agora Digital Art” has taken of my avatar, or the use to which it may be applied.

I further release “Agora Digital Art” and its direct or indirect licensees and assignees, from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the use of the images.

I am of legal age and have the full legal capacity to execute this authorization without the consent or knowledge of any other person.

TERMS AND CONDITIONS

 

BACKGROUND:

 

This agreement applies as between you, the User of this Website and The House of The Artists (THoTA) or Agora Digital Art (ADA), the owner(s) of this Website.  Your agreement to comply with and be bound by Clauses 1 – 7, the relevant parts of 8 and 9 and 11 – 20 of these Terms and Conditions is deemed to occur upon your first use of the Website.  The relevant parts of Clauses 8 and 9 and Clause 10 apply only to Membership Fees and premium features.  If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

 

This Website, www.agoradigital.art, is owned and operated by The House of The Artists, a limited company registered in England under 10262496 number, whose registered address is 67-68 Hatton Garden, London EC1N 8JY, United Kingdom.

 

  1.         Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

 

“Account” means collectively the personal/identifying information, payment information and credentials used by Users to access parts of the Website and to create User Sites;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Membership Fee” means the fee(s) payable to access premium features, as described at http://agoradigital.art/membership/;
“Service” means collectively any online facilities, tools, services or information that The House of The Artists (THoTA) makes available through the Website either now or in the future;
“System” means any online communications infrastructure that Agora Digital Art makes available through the Website either now or in the future.  This includes, but is not limited to, User Sites, email addresses and online forms;
“User” / “Users” means any third party that accesses the Website and is not employed by Agora Digital Art and acting in the course of their employment;
“User Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of a User Site;
“User Site” means a website created by a User using Agora Digital Art  which shall contain User Content and shall be hosted by The House of The Artists (THoTA);
“Website” means the website that you are currently using (www.agoradigital.art) and any sub-domains of this site unless expressly excluded by their own terms and conditions (references to “the Website” should also be taken as referring to the Service and the Content where appropriate); and
“We/Us/Our” means The House of The Artists (THoTA), a company registered in England under 10262496 number of 67-68 Hatton Garden, London EC1N 8JY, United Kingdom..

 

  1.         Intellectual Property

2.1      Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, including any material contained within User Sites that is not User Content, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The House of The Artists (THoTA), or Our affiliates, or the Artists featured. By continuing to use the Website you acknowledge that such material is protected by applicable to the United Kingdom and international intellectual property and other laws.

2.2      You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given Our express written permission to do so.  Specifically, you agree that:

2.2.1  You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so.

  1.         User Site Intellectual Property

3.1      The intellectual property rights subsisting in the User Content of User Sites belong to the User to which that/those User Site(s) belong(s) unless it is expressly stated otherwise.

3.2      Where expressly indicated, certain Content available through User Sites and the intellectual property rights subsisting therein belongs to other parties.

3.3      The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website.  The exceptions in Clause 4 continue to apply.

  1.         Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

  1.         Links to Other Websites

This Website may contain links to other websites.  Unless expressly stated, these websites are not under the control of The House of The Artists (THoTA) or that of Our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply Our endorsement of the sites themselves or of those in control of them.

  1.         Links to this Website

6.1      Subject to the provisions of sub-Clause 6.2, those wishing to place a link to this Website on other sites may do so only to the CONNECT page of the site http://agoradigital.art/about/ without Our prior permission.  Deep linking (i.e. links to specific pages within the site) requires Our express written permission.  To find out more please contact Us by email at agoradigitalart(at)gmail(dot)com or through the Contact form on http://agoradigital.art/about/.

6.2      Nothing in this Clause 6 prohibits deep linking to User Sites (and/or any pages therein).  The terms and conditions unique to each User Site may nevertheless prohibit deep linking.

  1.         User Sites

7.1      When creating a User Site using www.agoradigital.art  you should do so in accordance with the following rules:

7.1.1  You must not use obscene or vulgar language;

7.1.2  Your User Site may not contain any material that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation in force in the United Kingdom or any other jurisdiction in which your User Site can be lawfully accessed.  This does not extend to material which may be automatically blocked in certain jurisdictions but that is lawful in your home country);

7.1.3  Your User Site may not contain any material that is intended to promote or incite violence or any other unlawful conduct against any group, individual or animal.  This includes, but is not limited to, the provision of instructions on how to assemble weapons of any kind, bombs, grenades or other explosive devices;

7.1.4  Your User Site must be honest and fair, should not make any unsubstantiated or unsupportable claims and should, in particular, not be used to sell or offer for sale any item, good or service that:

7.1.4.1 Violates any applicable rules, regulations or legislation;

7.1.4.2 You do not have the full right and entitlement to sell including, where relevant, any licences or authorisations;

7.1.5  Your User Site may not infringe the intellectual property rights of any third party including, but not limited to, copyright, trade marks, patents and designs;

7.1.6  Your User Site may not contain links to other websites containing any of the above types of material;

7.1.7  Your User Site may not contain any material that may contain viruses or other software or instructions that may damage or disrupt other software, computer hardware or communications networks;

7.1.8  Your User Site may not be used for unauthorised mass-communications such as “spam” or “junk mail”;

7.1.9  Your User Site may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Service (including, but not limited to, your User Site);

7.1.10   You may not use your User Site to impersonate any person or entity including, but not limited to, any employee, agent or sub-contractor of <> or any of our affiliates;

7.1.11   You may not use your User Site for phishing purposes;

7.1.12   You may not use your User Site for the purpose of uploading files solely to have them hosted by The House of The Artists (THoTA); and

7.1.13   Your User Site may contain material that is adult in nature, such as that which is pornographic or otherwise of a sexual nature provided that visitors to your User Site are given a fair and reasonable warning of its content and that minors are warned that it is unlawful for them to continue viewing your User Site.

7.2      You acknowledge that The House of The Artists (THoTA) shall screen, approve (or reject), edit and/or take down any User Site submitted for publication.

7.3      The House of The Artists (THoTA) may edit your User Site to comply with the provisions of sub-Clause 7.1 without prior consultation.  In cases of severe breaches of the provisions of sub-Clause 7.1, your User Site may be taken down and your Account may be suspended or terminated.  You will be informed in writing of the reasons for such alterations or take downs.

7.4      By creating and submitting a User Site you warrant and represent that you are the author of the User Content on that User Site or that you have acquired all of the appropriate rights and / or permissions to use it.  We accept no responsibility or liability for any infringement of third party rights by User Sites.

7.5      The House of The Artists (THoTA) will not be liable in any way or under any circumstances for any loss or damage that you or any other User may incur as a result of such User Sites, nor for any errors or omissions in User Sites.  Use of and reliance upon User Sites is entirely at your own risk.

7.6      Nothing in these Terms and Conditions shall grants Us any rights in or to any intellectual property rights contained within your User Site or any part of it save for the right to display the same through Our System until you (or The House of The Artists (THoTA), if appropriate) choose to remove that User Site.

7.7      You acknowledge that We may retain copies of any and all communications, information, User Content and User Sites sent to Us or submitted for publication.

  1.         Accounts and Membership Fees

8.1      In order to create a User Site you must create an Account which will contain certain personal details.  By creating an Account you represent and warrant that:

8.1.1  all information you submit is accurate and truthful; and

8.1.2  you will keep this information accurate and up-to-date.

8.2      Sharing of accounts is not permitted unless expressly authorised in writing by The House of The Artists (THoTA).  You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.

8.3      Some premium features of the Service require the payment of a Membership Fee.  Membership Fees are detailed http://agoradigital.art/membership/.  Your credit / debit card will be billed at the time at which you sign up for such premium features and monthly until cancellation or termination.

8.4      No part of this Website constitutes a contractual offer capable of acceptance.  Your signing up for the premium features constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending to you a confirmation email.  Only once We have sent you an order confirmation will there be a binding contract between Agora Digital Art and you.

8.5      Confirmation emails under sub-Clause 8.4 shall contain the following information:

8.5.1  Confirmation of the premium features ordered including full details of the main characteristics of those features;

8.5.2  Fully itemised pricing for the premium features ordered including, where appropriate, taxes and any other additional charges;

8.5.3  A confirmation of your express request that the premium features are made available to you immediately and that this will constitute a waiver of your statutory right to cancel as detailed below in sub-Clause 8.8; and

8.6      Your first payment will be at the price advertised on the Website.  We reserve the right to change Membership Fees from time to time and any such changes may affect your recurring Membership Fees:

8.6.1  increases in price will be reflected in your recurring Membership Fees; and

8.6.2  decreases in price will be reflected in your recurring Membership Fees.

8.7      Premium features requiring a Membership Fee will be made available to you immediately upon Our confirmation of your signing up.  When completing the order process you will be required to expressly acknowledge that you wish the premium features to be made available immediately.  You will also be required to expressly acknowledge that by doing so, you will lose your statutory right to cancel your contract with Agora Digital Art as detailed below in sub-Clause 8.8.

8.8      If you are a consumer based in the European Union, you have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services.  This period, if applicable, begins once the contract between the seller and you, the buyer, is formed and ends at the end of 14 calendar days after that date.  Under normal circumstances, premium features requiring the payment of Membership Fees on this Website are made available immediately upon Our confirmation of your order for them.  As set out in sub-Clause 8.7, by expressly requesting this, you waive your right to the cooling-off period and may not cancel the contract merely because you have changed your mind.

8.9      If you terminate a User Site and/or your Account, your User Site(s) will be taken down immediately and you will not be rebilled after the current insert time periodmonth, at the end of which rebilling will automatically stop.

8.10   All payments for Membership Fees due under these Terms and Conditions must be made using a valid debit or credit card via Paypal.  Payments made via Paypal are subject to Paypal’s own terms and conditions of service and We make no representations or warranties with respect to their services.

  1.         Termination and/or Suspension

9.1      In the event that any of the provisions of sub-Clause 7.1, above, are not followed, We reserve the right to suspend or terminate your access to the Service.  Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.

9.2      If We terminate or suspend your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.  If you have signed up for premium features,you will not be rebilled after the current insert time period, month.  If you have multiple User Sites and not all are deleted, you will continue to be billed as normal for any relevant premium features.

  1.     Money Back Guarantee

10.1   When signing up for premium features you have a 14 calendar days money back guarantee during which time you may cancel the premium features and receive a full refund if you are in any way unhappy with the premium features.  

10.2   If you wish to take advantage of the money back guarantee, please contact Us at agoradigitalart(at)gmail(dot)com using the subject line: “Refund Request”.

10.3   Please note that the money back guarantee applies only to premium features offered as part of the Service and does not extend to any other purchases such as domain names.

10.4   Please note that cancelling under this Clause 10 will result in the loss of certain features and/or storage capacity on your Account and may thus result in changes to your User Site which may include loss of certain functionality and/or loss of data.

  1.     Privacy

11.1   Use of the Website and the Service is also governed by Our Privacy Policy which is incorporated into these Terms and Conditions by this reference.  To view the Privacy Policy, please click on the link above.

11.2   The Website places the following cookies onto your computer or device.  These cookies are used for the purposes described herein.  Full details of the cookies used by the Website and your legal rights with respect to them are included in Our Privacy Policy, Cookies and GDPR.  By accepting these Terms and Conditions, you are giving consent to Agora Digital Art to place cookies on your computer or device.  Please read the information contained in the Privacy Policy prior to acceptance.

11.3   If you wish to opt-out of Our placing cookies onto your computer or device, please check the alternative acceptance box for these terms and conditions, adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu.  You may also wish to delete cookies which have already been placed.  For instructions on how to do this, please consult your internet browser’s help menu.  Please note that certain features of the Service may not function correctly if cookies are blocked and Agora Digital Art accepts no responsibility for any such problems if you have chosen to block cookies.

  1.     How We Use Your Personal Information (Data Protection)

12.1   All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

12.2   We may use your personal information to:

12.2.1   Provide Our Service to you;

12.2.2   Process your payment for the Service; and

12.2.3   Inform you of new products and services available from Us.  You may request that We stop sending you this information at any time.

12.3   In certain circumstances (if, for example, you wish to purchase anything on credit), and with your consent, We may pass your personal information on to credit reference agencies.  These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

12.4   We will not pass on your personal information to any other third parties [without first obtaining your express permission].

  1.     Legal Rights and Disclaimers

13.1   We make no warranty or representation that the Website or the Service will be compatible with all systems, or that it will be secure.

13.2   Save for the discretionary screening and approval of User Sites as detailed in Clause 7, We have neither control over, nor involvement in, any User Sites or User Content and accept no responsibility for any actions taken, or any goods or services provided, by any Users.

13.3   Whilst reasonable endeavours have been made to ensure that all information provided on this Website will be accurate and up to date, We make no warranty or representation that this is the case.  We make no guarantee of any specific results from the use of our services.

13.4   No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

13.5   We make no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

13.6   When providing digital content to consumers, We are required to provide digital content that is of satisfactory quality, fit for any purpose made known to us (whether expressly or impliedly), and in accordance with any descriptions (and pre-contract information) given by Us.  This includes any digital content we may subsequently modify.  If We fail to comply with Our legal obligations, consumers may be entitled to certain legal remedies including repair or replacement or price reductions.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens Advice Bureau or Trading Standards Office.

13.7   Whilst We exercise all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

13.8   If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

  1.     Availability of the Website and Modifications

14.1   We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.

14.2   We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content available.  Where anything you have paid for is made unavailable and you are entitled to a refund as a result, We will inform you of the refund due and it will be paid within 14 days using the same method originally used by you.  These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

  1.     Limitation of Liability

15.1   To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content included on the Website including the Service and the Content.

15.2   To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on it.

15.3   If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

15.4   We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware.  Subject to sub-Clause 13.8, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of any content from it) or any other site referred to on the Website.

15.5   We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

15.6   Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

  1.     No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1.     Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  1.     Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and <>.

  1.     Communications

19.1   All notices / communications shall be given to Us either by email to agoradigitalart(at)gmail(dot)com.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

19.2   We may from time to time, if you opt to receive it, send you information about Our products and/or services.  If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us..

  1.     Law and Jurisdiction

20.1   These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

20.2   If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

20.3   If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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