TERMS OF PHOTOGRAPHERS

Artbitat AB hereinafter Artbitat, “we”, “us”, or “our”, having its registered address Husarviksgatan 16, 11547 Stockholm, accessible by using our website, currently www.artbitat.com (the “Website”), our platform accessible following created a user account (the “Platform”) or other information provided as part of our services (collectively the “Services”).

1. Introduction

These Terms of Service (the “Terms”) set forth the legally binding terms and conditions governing any use of the Services provided by us. By using the Services, you acknowledge your understanding of, and agreement to, these Terms. Any use of the Service is subject to these Terms. We may, from time to time, revise these Terms. Your continued use of the Services after the posting of any revisions will constitute your agreement to be bound by such revisions.

Please read these Terms carefully before using the Services. If you do not agree to these Terms, you do not have the right to use the Services.

2. REGISTRATION and approval PROCESS

You are responsible for providing accurate and correct registration information and we assume no liability for any error, inaccuracy, or omission in such information or in the service resulting from any information provided by you. By becoming a registered user of our Services, personal data pertaining to you will be processed by us in accordance with our Privacy Notice.

Upon completing the registration process, you will receive a confirmation e-mail containing your chosen information to the e-mail address you provided.

We will review your registered details and, provided that you meet all requirements that we have for content providers, we will approve your registration. We have the right to refuse any application for registration without specifying the grounds for refusal.

3. USER ACCOUNT SECURITY

You are personally and solely responsible for all actions and transactions made through your account. You are responsible for maintaining the confidentiality of your password and you should ensure that you exit properly from your account at the end of each session.

You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password or account.

If you wish to deactivate your account please contact us at contact@artbitat.com.

4. The services

Our Services in the Platform enables you to upload photos and other digital images (“Images”) to us. We will review and decide whether the Images shall be approved and made available for sale to our customers (“Customers”) via our webshop on the website artbitat.com (the “Webshop”). We have the right to refuse any Image without specifying the grounds for refusal, also after a previous approval by us. You will be notified of any refusal in the Platform. A refused Image will thereafter not be affected by any limitations or exclusivity provisions set out in these Terms.

Images can be uploaded for two purposes, namely for use as printed art (“Art”) or for premium use (“Limited Editions”). You will be asked to select one of these options in connection with the uploading process in the Platform.

You will be responsible for cropping the Images and/or making any adjustments before uploading them to the Platform or agreeing to allow us to crop them for you. The uploaded version of the Image will be used by us and offered to our Customers, and we will not provide you with any printing proof for review or approval.

Art

  • (i) You will be able to upload an unlimited number of Images for the purpose of being used as Art. We will decide on the end price for the Customers, which however will be within the price range [19 - 99 EUR]. We will also decide on any price campaigns, reductions etc.  A minimum of 15 is required.
  • (ii) You are not allowed to sell these Art posters/images anywhere else as a poster.

Limited Editions

  • (i) You will be requested to upload at least five Limited Editions Images. These images will thereafter be reviewed by us. Limited Editions will be printed in hundred 100 copies only, with the format 50x70, and will include a printed signature and a black frame. You will be required to upload a digital signature in the Service in order to successfully upload a Limited Edition-Image.
  • (ii) You will be requested to insert an end price to Customers (VAT excluded) for our sale of Limited Editions. You agree not to offer the original Image (not our limited) for sale elsewhere at a lower customer price.
  • (iii) You agree that we shall have the right to give away as many copies of Limited Editions for free, e.g. for marketing purposes or other purposes we see fit.

If any breaches to the contract are made in relation to section 4. (THE SERVICES), “Art” (ii) or “Limited Editions” (ii); Artbitat AB can immediately choose to terminate the contract in order to not risk further damage to the credibility of the company.

The Photographer could in this case become accountable for costs which may occur to reimburse customers for the compromised artworks’ lost value and replacements provided.

5. Rights to the images

By uploading an Image to the Platform you confirm that;

  • (i) You are the owner of the intellectual property to the Image or otherwise have obtained all rights needed to comply with the terms in these Terms;
  • (ii) You have obtained consent from any individual shown on the Images for us using the Image for sale and marketing purposes e.g. on the Website, our Service and in social media;
  • (iii) Your processing of any personal data contained in the Image (such as but not limited to the picture and likeness of a person, names, and written information, meta-data) has been and is made in accordance with applicable data protection legislation (such as, but not limited to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), henceforth referred to as the “GDPR”), and particularly that you have a valid legal ground for sharing the Image with us and that you have informed any person that is identifiable in the Image how personal data relating to them is processed by you, including the transfer of it to us;
  • (iv) the intended use by us of the Image will not cause any infringement in your or any third-party rights or otherwise violate applicable law, publicity, personality or other rights of others, including but not limited to our reasonable interests of using the Image not being overridden by the interests or fundamental rights and freedoms of any person present in the Image;
  • (v) You will not sell the Image as printed art or otherwise provide a license of the Image to any third party for such purpose;
  • (vi) We are not responsible for the Images that you upload. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST ARTBITAT RELATED TO IMAGES THAT YOU HAVE UPLOADED, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD ARTBITAT HARMLESS FROM AND AGAINST ALL DAMAGED, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

By uploading an Image to the Platform you also provide us a non-exclusive, royalty-free license to use, display, reproduce, store, sell, and distribute the Images for the provision of the Service to you and our Customers.

If any breaches to the contract are made in relation to section 5. (RIGHTS TO THE IMAGES), (v); Artbitat AB can immediately choose to terminate the contract in order to not risk further damage to the credibility of the company.

The Photographer could in this case become accountable for costs which may occur to reimburse customers for the compromised artworks’ lost value and replacements provided.

6. Personal data and images

You understand and agree that you are a “controller”, as defined in the GDPR, and that you are responsible for the lawfulness of the processing of any personal data contained in the Services prior to and in connection with the uploading of Images to the Services, which includes but is not limited to informing any person whose personal data is contained in an Image about our processing thereof. When Images have been uploaded to the Services, we become a separate and independent controller for any personal data contained in the Images. We will process personal data in the Images to provide the Services and for our business purposes. Should any person contact us with regards to an Image uploaded by you, we will refer that person to you; and we may in our sole discretion and without confirming the identity of that person, choose to unpublish the Image until we have received proof that the Image may be used without such use interfering with the interests or fundamental rights and freedoms of any person whose personal data is contained in an Image.

7. Rights to the service

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable right to access and use the Platform. Ownership and all intellectual property rights in the Services or any content on the Services, including but not limited to patents, design rights, copyrights, trademarks, trade-secrets, and proprietary know-how, shall be owned by and vested in us, or our licensor and nothing in these Terms shall be interpreted as a transfer of such rights from us to You. You are solely entitled to the limited license to the Platform specifically granted under these Terms.

8. THIRD PARTY SERVICES

The Services are integrated with certain third party applications, websites, and services (“Third Party Services”) to make available content, products, and/or services to you. These Third Party Services may have their own terms and conditions of use and privacy policies and your use of these Third Party Services will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Services or for any transaction you may enter into with the provider of any such Third Party Services.

9. Commission

Commission terms;

  • (a) You will receive [ 20 ] % on the end price (VAT-excluded) on any Images sold as art.
  • (b) You will receive [ 80 ] % on the end price (VAT-excluded) on any Images sold as premium Limited Editions.

We will report sales figures once every quarter or a year, or where suitable, once every half year and calculate the commission. The report will be presented on the Platform. Once received, you must issue an invoice to us on the commission value. Payment terms shall be [30] days from invoice date. In case of refunds, commission will not be paid or deducted from the next invoice.

UNAUTHORIZED USE/NO INTERFERENCE

You agree that you will not use or attempt to use any method, device, software, or routine to harm others or interfere with the functioning of the Platform or the Services or use and/or monitor any information in or related to the Services for any unauthorized purpose. Specifically, each user, whether authorized or unauthorized, agrees that it will not (and will not permit any of its employees, agents, and any other third party to) do any of the following:

  • Use the Services and/or Images or any data contain therein or provide, link, or otherwise make available, any information on the Services that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, harmful to minors or racially, ethnically or otherwise objectionable;
  • Modify, reverse engineer, reverse assemble, decompile, or hack into any of the software applications or related tools or utilities used by the Services;
  • Include any viruses, malware, or similar to the Services and/or Images.

10. NO WARRANTIES

The Services and the content therein are provided "as is" and “as available”. We make no warranties, expressed or implied, and hereby disclaim any warranty, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. We offer no guarantee that the Services will be provided without interruption or errors or that any mistakes or errors will be corrected. We do not guarantee that the Services or the servers through which they become available to users do not contain viruses or other harmful components, although we make reasonable effort to ensure it. The Services and the content therein may include technical, typographical, or photographic errors. We do not warrant that any of the materials on its website are accurate, complete, or current.

11. EXCLUSION OF LIABILITY

Unless caused by our gross negligence or intent, we shall in no event be liable for any losses or damages, whether direct or indirect (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the Services or the use or inability to use the content of the Services, even if we have been notified of the possibility of such damage. We cannot guarantee the security of any transfer of information made via the Services. We do not assume any liability for the information contained on the Services. The Services may contain links to third-party web sites which are not under our control. We are not responsible for the contents of, nor do we endorse, any third-party sites that are linked to the Services. We have not reviewed content on sites other than the Services and are not responsible for such content. We expressly disclaim responsibility for all representations made or implied in relation to products, publications or sites not owned by us.

12. CHANGES TO THE SERVICES

You acknowledge and agree that nothing in these Terms constitutes an undertaking by us to provide the Services in its present form or under any specifications. We may, in our sole and absolute discretion, from time to time make additions to, deletions from, modifications to, or change the format and features of, the Services.

You further acknowledge that we may be obliged to alter, modify or reduce the extent of the Services due to mandatory law or decisions by competent governmental authorities. If such restrictions apply to the Service in a way that may affect or impair the Services, we shall bear no responsibility and shall not be obliged to perform any full or partial refund of any payments made by you for any Services.

13. GOVERNING LAW AND DISPUTES

Any claim relating to the website and/or the Apps shall be governed by the laws of Sweden without regard to its conflict of law provisions.

All disputes arising out of or in connection with the present Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

The place of the arbitration shall be Stockholm, Sweden. The language of the arbitration shall be English.

14. Contact details

Last Updated: December 17, 2023