Welcome to Exibart Street, a web service dedicated to the presentation and discovery of street photography and related art forms and services worldwide. Exibart Street’s site (www.exibartstreet.com) is operated and provided by Exibart Magazine (“We,” “Us,” or “Exibart”). Our goals are to help great photographers reach a wide, influential global audience of street photography lovers, and to inspire and educate everyone who views the work on display.
BY COMPLETING THE REGISTRATION PROCESS, OR USING EXIBART STREET, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
1. GENERAL TERMS AND CONDITIONS
Exibart Magazine may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on www.exibartstreet.com. By using this site after we post any changes, you agree to those changes. If at any time you choose not to accept these Terms and Conditions, please do not use this site.
3. DESCRIPTION OF SERVICE
Exibart Street provides Users with a variety of online services, including but not limited to:
Exibart Street-GENERATED CONTENT, including essays, articles, blog entries, and Curator’s Picks features.
USER-GENERATED CONTENT. Uploaded photography, text and multimedia content developed and owned by creative professionals.
ONLINE SEMINARS & EVENTS.
LINKS TO GRANTS, FELLOWSHIPS, RESIDENCIES, SCHOLARSHIPS, AWARDS AND COMPETITION LISTINGS.
You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials (“Content”) which is transmitted, posted, or distributed by you through the Exibart Street, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted to your Profile Page and information, photos, images, sound files or other Content posted by you in a forum or other page. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. You agree to not post anything to which you do not have the rights. Exibart Street does not own or control the Content posted by Users via the Service and, does not guarantee the accuracy, integrity or quality of such Content. You may be exposed to Content posted by other Users that may be offensive, indecent or objectionable. Under no circumstances will Exibart Street be liable in any way for any Content posted by any User or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service. For users of the Exibart Street “Job Offers” portion of the site, Exibart Street does not permit any postings that point to spec work, contests or other opportunities that solicit customized, unpaid creative work from creative professionals. Any such postings may be removed and no refunds will be made to the poster of such notifications in the Job Offers service.
5. USER’S GRANT OF LIMITED LICENSE
Exibart Street does not claim any permanent ownership of Content you submit or make available for inclusion on the Service. However, in the modern age of content hosting and the propagation and streaming of content across the web, we require a limited license to host and display this content, as specified below, which lasts as long as you chose to host your work on the service. For example, one purpose for this limited license is to enable Exibart Street to stream and present your work across the Exibart Street Network (including syndicated editorial content about you and your work), and partner sites that present your work professionally – linking back to your portfolio. We require a limited license for your content in order to present it in the many places and various forms across the Exibart Street Network sites. The limited license below is required to allow Exibart Street to host, display, organize, and propagate a member’s portfolio of projects. By communicating with Exibart Street, including submitting or sending Content, correspondence or other information or material to Exibart Street (“Your Content”), you grant Exibart Street a limited license, for the period of time your Content is published in Exibart Street’s systems, to display the work royalty-free, unrestricted, and world-wide, across Exibart Street’s sites, in search results, and in Exibart Street-powered Projects, Categories and Features. In some instances, media must be reformatted for display and incorporation into Exibart Street’s galleries. As such, during this limited license, you allow Exibart Street to reproduce, modify, publish, translate, distribute, perform and display your Content (in whole or part), and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such limited license also includes incorporating Content, in whole or in part, into a Exibart Street feature or in promotional or marketing materials (attributed properly to the artist).
Exibart Street will NEVER assume ownership of your work, and the artist’s copyright settings, as selected by the artist, will remain associated with each published project. This limited license is required for the nature of Exibart Street Network’s platform. Work submitted to Exibart Street remains owned by the artist, under the artist’s selected copyright settings, and artists decide whether or not to sell their work to third parties – Exibart Street does NOT act as an intermediary in selling creative work. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of your Content. You acknowledge and agree that the display or inclusion of your Content shall be in the sole discretion of Exibart Street and your Content may or may not be included on the Exibart Street website for any reason or no reason at all.
BY UPLOADING CONTENT TO Exibart Street’S WEBSITES YOU AGREE NOT TO VIOLATE ANY LAW, REGULATION OR AGREEMENT WITH RESPECT TO ANY INTELLECTUAL PROPERTY RIGHT WHICH MAY APPLY, AND YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Exibart Street, IT’S OWNERS, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS ALLEGING VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT ASSOCIATED WITH YOUR USE OF THE WEBSITE.
6. USER CONDUCT
You acknowledge and agree:
a. to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and⁄or any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Exibart Street reserves the right to reject any of your Content and to terminate your right to use the Site and refuse any and all current or future use of the Services. Further, Exibart Street reserves the right to reject any of your Content and to terminate your right to use the Site and refuse any and all current or future use of the Services for any reason whatsoever.
b. without limitation of the foregoing, not to use the Site or Services to submit any Content regarding any products or multimedia files, or make comments about them, that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
c. that Exibart Street is not responsible for material submitted to Exibart Street or posted to the Site by Users. Exibart Street does not pre-screen, monitor, review or edit the Content posted by Users. However, Exibart Street and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that in Exibart Street judgment does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. LExibart Street is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Content or part thereof, or other communication to LExibart Street. You agree to immediately notify Exibart Street of any unauthorized use of the Service or any other breach of security that you know or suspect.
a. A valid credit card is required for paying subscriptions. This is not required to create or use a free account.
b. The Service is billed in advance on a monthly or yearly basis. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
c. If your subscription charge is denied, we will attempt to re-charge your PayPal account or Credit Card at least two times before suspending your account.
d. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
8. CANCELLATION AND TERMINATION
You are solely responsible for properly canceling your subscription. You can cancel your subscription in Exibart Street under your account section.
You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full charges for the period which you discontinued service. You will not be charged again.
Exibart Street reserves the right to modify, suspend, or terminate your account at any time for any reason without notice or refund. We reserve the right to delete all Content associated with your account.
9. MODIFICATIONS TO SERVICE
Exibart Street reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Exibart Street shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Upon a request by Exibart Street, you agree to defend, indemnify and hold Exibart Street, its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or Users authorized by you or any violation of these Terms and Conditions by you (including, but not limited to, any claim that your Contribution infringes the rights of any third party). Exibart Street reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Exibart Street in asserting any available defense.
11. LINKED SITES
You may be able to link to third parties’ Sites (“Linked Sites”) from the Exibart Street Site. Linked Sites are not, however, reviewed, controlled, or examined by Exibart Street in any way and Exibart Street is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Exibart Street’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Exibart Street be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. Exibart Street reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different Users.
a. SPECIAL NOTICE: LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT MAY BE OFFENSIVE, INCLUDING BUT NOT LIMITED TO SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
b. Permission must be granted by us for any type of link to Exibart Street. To seek our permission, you may write to Exibart Street. We reserve the right, however, to deny permission to link to Exibart Street or rescind any permission previously granted by us to link through any type of link, and to require termination of any such link to the Site, at our discretion at any time.
12. DISCLAIMER OF WARRANTIES
a. THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, Exibart Street AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE.
b. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
c. Exibart Street DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
d. Exibart Street DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (RATHER THAN Exibart Street OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
e. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
f. SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
13. LIMITATION OF LIABILITY
a. IN NO EVENT WILL Exibart Street, ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF Exibart Street OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE Exibart Street FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS Exibart Street, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENTS.
b. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Exibart Street’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
14. APPLICABLE LAWS ⁄ JURISDICTION
a. You agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the European Union or any other country in which you reside.
b. Notwithstanding local rules or laws regarding your use of the Site, you agree that the laws of the Italian State shall govern these Terms and Conditions. You expressly agree that exclusive jurisdiction for any claim or dispute with Exibart Street or relating in any way to your use of the Site shall be in a courts located in Rome, Italy, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute, including any claim involving Exibart Street or its affiliates, officers, directors, employees, representatives, successors, assigns, or content providers.
c. We operate the Site from our offices in Rome, Italy. We do not represent that materials on the site are appropriate or available for use outside of Rome, Italy. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
a. Any inquiries concerning these terms and conditions of use should be directed to us through our contact form. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in these Terms and Conditions shall be deemed to create any rights for any third party beneficiary. The section titles in these Terms and Conditions are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. Exibart Street may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us.
Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of an italian court in Rome.