Artflung™: The owners of The Website, currently Tim Pilkington and Gavin McIntosh
Artist: Any person contributing Work that is exhibited on The Website
Visitor: Any user of The Website
The Website: The Website(s) www.artflung.org, dev.artflung.org, preview.artflung.org (aliased as artflung.com)
Work: Any digital file of, or being, a piece of art, including, but not limited to, photographs, paintings, sculpture, installations, video, audio being submitted to Artflung™ for exhibition on The Website.
The Website is the property of Tim Pilkington and Gavin McIntosh. The Website is run on a not for profit basis.
By entering The Website you agree to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use please leave The Website immediately.
Artflung™ accepts no liability in respect of the content of any third party material appearing on The Website. Artflung™ makes no warranty in respect of the contents of The Website and accepts no liability for any loss or damage whatsoever and, however arising, whether directly or indirectly, as a result of access to and use of The Website including, without limitation, acting or failing to act in reliance on any information contained herein.
You understand that you are personally responsible for your behaviour while on The Website and agree to indemnify and hold Artflung™ harmless from and against any loss, damage, liability, cost or expense of any kind (including legal fees and costs) that they may incur in connection with a third party claim or otherwise in relation to your use of The Website, access to The Website, your violation of either these Terms or the rights of any third party and any other matter in connection with your participation in the services on The Website.
Artflung™ does not warrant that functions contained in The Website content will be uninterrupted or error free, that defects will be corrected, or that Artflung™ or the server(s) that makes it available are free of viruses or bugs.
These Terms and Conditions will be governed by and construed in accordance with the applicable laws of the United Kingdom without regard to conflict of law principles, and users agree that all legal proceedings relating to the matters herein shall be adjudicated solely in the courts of the United Kingdom.
All Work contributed to The Website are copyright of the original artist/owner. It is understood that some images may be photographs of the original piece of work, including, but not limited to, paintings, sculptures, installations. The original Work is copyright of the Artist. The photograph is copyright of the photographer.
All Work must not contain material to which the Artist does not own the copyright unless the Artist has signed consent from the copyright owner giving the Artist permission to incorporate the material. Artflung™ reserves the right to request to see evidence from the Artist of such consent documentation prior to Work being exhibited on The Website.
The Artist agrees that any Work submitted for consideration to be exhibited on The Website may be retained indefinitely by Artflung™ and may be used at any time for the specific purpose of exhibition on The Website and for The Website's own promotion purposes. Artflung™ agrees that any Work submitted for exhibition will not be sold by Artflung™and will not be used for any other purposes.
Artflung™ accepts no liability in respect of Work being downloaded from The Website and the subsequent use of that Work. Artflung uses open web standards wherever possible in order to maximise the user experience. As a result, it is possible for a Visitor to download a copy of The Work to their local machine or device. No protection mechanism exists on the individual data files containing the Work. Where possible and appropriate Artflung has introduced mechanisms to make it difficult for the average Visitor to obtain copies of the Work. It should be noted that through the use of HTML5 Video, an open web standard, the download functionality for video Work is openly available to Visitors. In order to maintain the integrity of the Work, Artflung does not exhibit any Work containing copyright watermarks or other such embedded or overlaid wording or imagery. The Artist accepts these conditions when submitting Work to Artflung.
Artflung™ is curated and as such retains the right not to exhibit Work submitted by Artists. Curation decisions may be done in conjunction with other Artists or third parties.
Submitting Work for Sale Artists may indicate that their Work(s) are for sale or otherwise. Artflung™ takes no commission on any sales made by the Artist through exhibiting Work on Artflung™. All transactions are private agreements between the Artist and the Visitor.
It is the responsibility of the Artist to update their contact details with Artflung™ to ensure that all communications from Artflung™ and Visitors are sent to the correct email address. Artflung™ accepts no responsibility for enquiry forms from the Visitor not being received or acknowledged by the Artist.
All Artist personal data will be used for the purposes of processing the submission of the Work for exhibition, to enable Visitors to contact the Artist and for the purposes of marketing The Website. An opt-out to marketing is provided at the point where the Artist personal data is submitted. Artist personal data will not be disclosed to Visitors. Visitors are provided with a contact form on Artflung™ that, once completed and submitted, will send an email to the Artist without disclosing any Artist personal data to the Visitor.
Contact details, including, but not limited to, email address, telephone and mobile telephone numbers, will be retained by Artflung™ for a reasonable period. Such personal data will not be passed on to any third parties unless so required by law. All communications may be monitored for quality purposes.
Once the Artist has received the Visitor contact information it should be made clear that all Artists are expected to process Visitor contact information fairly and lawfully and for the purposes notified to the Visitor as is required by the Data Protection Act (1998). Artflung™ shall not be held responsible for any Artist misuse of Visitor personal data.
All pages, documents and graphics on The Website are copyright of Artflung™ except those attributed to an Artist (see Terms and Conditions for Artists - Copyright)
You may use The Website to view the Work and to communicate with Artflung™ and Artists. You can print copies of the Work in hard copy for information only provided that you do not amend or delete any part of it or combine it with other material. You may not supply the Work to any third party or use the Work for commercial gain. No part of The Website or the contents thereof may be reproduced on or transmitted to or stored in any other website or other form of electronic retrieval system, other than through the expected functionality of software enabling the use of The Website.
Personal data submitted to Artflung™ will be used to process the enquiry and for the purposes of marketing The Website. An opt-out to marketing is provided at the point where the Visitor personal data is submitted.
All Visitor personal data submitted to Artflung™ for the purpose of contacting an Artist will be forwarded to the Artist. Artflung™ accepts no responsibility for enquiry forms from the Visitor not being received or acknowledged by the Artist or for any Artist misuse of Visitor personal data.
Contact details, including, but not limited to, email address, telephone and mobile telephone numbers, will be retained by Artflung™ for a reasonable period. Such personal data will not be passed on to any third parties unless so required by law. All communications may be monitored for quality purposes.
Artflung™ use IP address and session information for the purposes of administering The Website and in the compilation of statistics used by Artflung™ and the third party hosting the site. Cookies are used to maintain the current user session and store user preferences. The session cookie will expire once the user session expires. User preference cookies will not expire automatically.
Artflung™ takes no commission from any sales made by the Artist through exhibiting their Work on Artflung™. All transactions are private between the Artist and the Visitor.
There may be times when Artflung™ chooses to exhibit Work which may be deemed not suitable for children (18 years of age and under) and those of a sensitive nature. Should this be the case a prior notice will be given before viewing, notifying the Visitor of the nature of the content of the Work and requiring the Visitor to acknowledge that they are of 18 years of age and above. Artflung™ will not be held responsible for any offence such Work may cause.