Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site.
You keep the copyright of your art
Artsider does not claim any permanent ownership of you Content. You keep the copyright of any content you submit or upload to the website. In order to receive the Artsider services you grant Artsider a non-exclusive royalty free license to use and archive the content in accordance with or as reasonably contemplated by this agreement. By submitting content to the site you are granting Artsider a worldwide, non exclusive license to use the content and are representing and warranting to Artsider that the content is owned or duly licensed by you, and that Artsider is free to publish, distribute and use the content as hereinafter provided for without obtaining permission or license from any third party. When you submit or upload content on the Artsider website you represent and warrant that:
- you own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have the right to display, reproduce and sell the content. You license Artsider to use and sub-license the content in accordance with this agreement;
- you and your content do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy;
- you or your content, and your use, storage, reproduction and display on the website will comply with all applicable law, rules and regulations;
- your content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
- your content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information;
- your content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions.
Artsider reserves the right to review and if necessary remove any content from the website or to cancel your account at its sole discretion, either because that content breaches this agreement or any applicable laws, or otherwise. Upon uploading Content, you acknowledge that Artsider may review your Content for adherence to our guidelines and compliance with the Terms set forth in this agreement. Without limiting the foregoing, Artsider and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable to Artsider. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, created by or submitted to, Artsider. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Artsider nor any other party involved with the production of any product incorporating such Content, assumes that responsibility. Artsider's production of any product depicting your Content does not indicate that Artsider approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content. You acknowledge and agree that Artsider may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Artsider, its users and the public. You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
Artsider respects the intellectual property rights of others and we require our users to do the same. Thus, in your use of and interactions with Artisder and the site, you may not post any user submission, design or artwork that contains copyrighted material belonging to others, or any material that infringes another intellectual property right of others, without obtaining their prior written consent. We may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. In appropriate circumstances and at our discretion, we may require removal of the user's content from our site and, if the user continues to infringe on your rights (or infringes the rights of others) terminate the user's access to our services. If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Artsider's Copyright Agent, and provide the following information ("Notice"):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
- a description of the copyrighted work and/or trademark claimed to have been infringed;
- a description of where the claimed infringing Content is located on our Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
Please consult your legal counsel or see Section 512(c)(3) of the US Copyright Act to confirm the requirements above with respect to copyright claims. Such written notice should be sent to our designated agent as follows: Copyright Agent Artsider Inc. firstname.lastname@example.org Once a complete and proper notice of claimed copyright infringement is received by the Designated Agent, or if Artsider otherwise comes to believe in good faith that Content on the Artsider website may contain material that infringes copyright, it is Artsider's policy to (1) remove or disable access to the Content or other material identified in the notice of claimed infringement; (2) notify the Artsider user that it has removed or disabled access to the Content; and (3) terminate any Artsider user account that has uploaded or posted Content that violates this Copyright Policy and/or these Terms of Service in more than one instance. Please also note that, under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Only DMCA notices should be sent to the Copyright Agent. For all other requests for technical support, feedback, comments, and other communications please contact email@example.com.
Filing a Counter Notice
If you believe that removal of the content is the result of a mistake (for example, that you have authorization) or misidentification, you may provide Artsider with a counter notice in writing to the attention of the Designated Agent at firstname.lastname@example.org. Such counter notice must provide the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the relevant matter;
- a description of the content which we have removed, including the URL on which the content was located on the Artsider site;
- your address, telephone number, and email address;
- a statement by you that you consent to the jurisdiction of the Federal District Court, Santa Clara County, California, United States and that you will accept service of process from the person who provided notification described above or an agent of such person;
- a statement by you that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Before providing such notice, you should be aware that we are obliged to inform the complainant that you have provided that notice (and provide a copy of your counter-notice to them) and that their next step would be to take court action against you in the United States. If a counter-notice is received by the Copyright Agent, Artsider may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Artsider user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Artsider's discretion.