Terms and ConditionsArticle 1 – Definitions
The websites abstractspecialist.nl and abstractspecialist.com, hereinafter referred to as Abstract Specialist, are products of Romilan ICT. Romilan ICT is located at Tolakkerweg 254a, 3738JV in Maartensdijk, the Netherlands. The services for Abstract Specialist are provided by Romilan ICT. Abstract Specialist is an online exhibition for abstract, abstracted, modern and contemporary painting and therefore a platform to bring buyer and seller together. Abstract Specialist offers free and paid services, which are described in Article 4a. Visitor is the person who purchases a free service from Abstract Specialist. Artist is the person, also called user, who purchases the paid service from Abstract Specialist. Artwork is all content made available to Abstract Specialist by artist.
Article 2 – Agreement
These terms and conditions apply to the access and use of Abstract Specialist. When using an Abstract Specialist service, there is an agreement and the user agrees to these terms and conditions and Abstract's Privacy statement Specialist, unless expressly agreed otherwise. Abstract Specialist is a platform to bring buyers and sellers together. Abstract Specialist is never a party to the actual transactions or agreement concluded between buyers and sellers.
Article 3 – Right of amendment
Abstract Specialist has the right to change these general terms and conditions, which will be done by placing a new version with an adjusted general terms and conditions on the website. Changes will not take effect earlier than 30 days after announcement, or at another time as stated in the announcement. It is not possible to deviate from this agreement, unless this is done with the prior written approval of Abstract Specialist. Abstract Specialist also has the right to make textual and visual changes to the content added by the user on Abstract Specialist. Modifying content posted by the user is usually only done in the event of text errors or images with incorrect cropping.
Article 4a – Services
Abstract Specialist offers the services listed below;
1. Displaying artists and artworks for free for every visitor to the website.
2. The free Newsletter account with which the user is kept informed by means of a digital newsletter, which is sent by email. The focus of this newsletter is on the most recently added works of art. Only an e-mail address is required for this service.
3. The free Visitor account with which the user can save searches and receive works of art through a digital newsletter, which is sent by email. This service requires username, password and email address.
4. The paid Basic and Premium accounts with which artists who are active in painting can manage their own page. These paid accounts can be provided with information and images. The Premium account also comes with a separate website on which only the work of the chosen artist can be viewed. This website can be reached via a subdomain of Abstract Specialist, the name of this subdomain is equal to the username of the associated Artist Profile. This service requires a username, password, e-mail address, valid name and address details, zip code and country. The duration, payment and renewal of this paid service is described in Articles 5, 6a and 6b.
Article 4b – Registration
Subscriptions to the Newsletter, Visitor, Basic and Premium accounts require a valid email address. This is checked by means of an activation email with a personal activation link. After using the activation link, the e-mail address is declared valid and the service, and thus the profile, is activated.
Article 5 – Duration
The conditions in this article apply to the paid services, the Basic and Premium accounts, which is described in Article 4a. The agreement with regard to the paid service, the subscription for the account, is entered into for a period of one year and is not automatically extended. After each year there is the possibility to extend the subscription by one year.
Article 6a – Payment
The conditions in this article apply to the paid services, the Basic and Premium accounts, which is described in Article 4a. After registering and activating the account, the user pays directly online for the subscription. After a successful payment the account will be active directly so that the user immediately can make use of all the possibilities.
Article 6b – Extension
Conditions in this article apply when the paid services, the Basic and Premium accounts, which is described in Article 4a, needs to be extended. Around the end date of the subscription, an email will be sent with the possibility of renewal. If this extension is not accepted, the profile will be deactivated. The Artist can still log in after this, but the work will no longer be visible on the website. Should the renewal and payment be made later, the Artist Profile will still be activated and the subscription will be extended by one year from the new renewal date. The (previously entered) work will then be visible again on Abstract Specialist.
Article 7 – Termination
Conditions in this article apply to the Newsletter, Visitor, Basic and Premium accounts, which are described in Article 4a. These services can be canceled at any time, however, in the event of premature termination of the paid service, there is no refund of the money paid. Upon cancellation, a personal deactivation link will be sent by means of a deactivation email. After using the deactivation link, the service will be stopped and the profile deactivated. After deactivating the account, it can no longer be viewed on Abstract Specialist.
Article 8a – Allowed Content
The user guarantees that the art offered through Abstract Specialist is original and own work, which means that the art has been made by the user himself or the company/studio of the user. The art offered must be abstract, abstracted or contemporary painting. Content that deviates from this may be removed by Abstract Specialist. The photo of the painting must be taken straight from the front, be of good quality (at least 640 pixels wide or high), be sharp, almost match the original colors and be supplied in JPG format. After uploading, a cut-out must be made, after which only the entire painting is visible, preferably also without a frame and/or passe-partout. Complete and correct information must be provided with the image. If the offered art is not in optimal condition, the user is obliged to provide this with the work of art. Abstract Specialist will, where possible, manually check the content added by the user for correctness. If at any time it appears that the content conflicts with these general terms and conditions, Abstract Specialist is entitled to change the content or remove it immediately. Each unique artwork may only be added to Abstract Specialist once.
Article 8b – Prohibited Content
It is not allowed to apply the content below to Abstract Specialist;
1. Unlawfully used copyrighted, trademarked or copyrighted material.
2. Material deemed by Abstract Specialist to be threatening, discriminatory obscene, or otherwise considered offensive.
3. Website listings that have nothing to do with painting, promote illegal activities, contain illegal content or may cause damage to computers.
4. Images and texts that have nothing to do with the artist or painting.
5. Material that violates the law, public order or good morals.
Section 8c – Prohibited
It is prohibited to perform the following actions at Abstract Specialist;
1. Export the content to other websites by any means or otherwise harvest or collect data for use by third parties.
2. Using stated or obtained personal, address and/or e-mail data, as well as posted visual material, other than in the context of the normal use of Abstract Specialist, i.e. other than for the purpose of the formation of a possible agreement between buyers and sellers.
3. Any attempt to attack or otherwise make the servers unstable is strictly prohibited.
4. Use our servers for spam, mail bombs or threatening software.
Article 8c – Measures
Abstract Specialist has the right at all times to take the following measures;
1. Anyone who violates these general terms and conditions can be terminated immediately.
2. Refusing or discontinuing services as deemed necessary.
3. Terminate the service for any violation.
4. To set further rules for the use of the services.
Article 9 – Liability
Abstract Specialist cannot be held liable in any way for;
1. Any damage suffered by a customer or a third party as a result of any act or omission on the part of Abstract Specialist or a company engaged by Abstract Specialist.
2. Damage suffered by third parties as a result of any client of Abstract Specialist.
3. Any indirect damage, including consequential damage, nor is Abstract Specialist obliged to pay compensation for trading loss, loss of profit, damage as a result of failure and/or inaccessibility of the internet, nor damage caused by the leakage of confidential data.
4. Behavior of the affiliated artists, or for art offered for sale or delivery by the artist, nor is Abstract Specialist responsible for the quality, safety or legal admissibility of art offered.
5. The content of the website nor for the (possible) violation of (intellectual property) rights of third parties by posting on Abstract Specialist.
6. Any damage whatsoever, direct and/or indirect, caused in any way by and/or arising from the use of Abstract Specialist.
7. The content of third party websites listed on Abstract Specialist.
Article 10 – Email
Abstract Specialist reserves the right to send email, such as newsletters, information and service announcements, to the person who purchases or wants to purchase a service. All communication regarding the services is also done via email. It is not possible to unsubscribe from service announcements.
Article 11 – Copyright
All content on Abstract Specialist is protected by copyright and owned by Abstract Specialist or the listed artist. Artists' content may not be reproduced or used without written permission from the artist. All other content may not be reproduced or used without written permission from Abstract Specialist. Only Abstract Specialist may use any content elsewhere on the internet, for example on Facebook and Pinterest, for promotional purposes of the artworks, artists and website.
Article 12 – Cookies
Article 13 – Contact
Reporting problems and/or violations regarding Abstract Specialist can be done via the e-mail address firstname.lastname@example.org or via the contact form on the website.
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