TERMS OF USE

  1. The word “Service” as used herein means the wekurate.xyz and the Kurator Mobile Application.

 

  1. Kurator does not take ownership of your art.  By displaying your artwork on the Service, you give us the rights we need to use the material.  You may remove your art from Kurator at any time.

 

  1. By displaying your artwork on the Service, you warrant that the material posted is your own.  You further warrant that you posted material does not infringe on any third party copyrights, trademarks, or patents.

 

  1. By submitting your artwork or displaying your artwork on the Service:
    1. You grant to us and our partners and affiliates a nonexclusive, royalty free, perpetual and worldwide license to use your material on the Service and for promotion of the Service and of your material, including copying, distributing, transmitting, displaying, performing and reformatting.  Whenever possible, we will credit you as an author and you agree that we can use your name for that purpose.  we will stop posting your material on the Service if you remove it from the Service.
    2. You grant to use and our partners and affiliates a nonexclusive, royalty free, and worldwide license to allow users to buy prints of your materials on any media that we offer.  You may terminate this license going forward (but not for prints you’ve already sold through the Service) by checking the appropriate box in your settings or removing the material from the Site.
    3. You grant to other users of the Service a license to use your material only for the limited purpose of using and accessing the Service.
    4. You represent that your material complies with these Terms.

 

To give Kurator artists more opportunities for promotion and recognition, we sometimes post their work on other sites, such as Facebook, Twitter, Instagram, Tumblr and other such sites.  When images are posted to any of those sites, those images become subject to the privacy policies and terms of use of those sites, which are not under the control of Kurator.

 

  1. By posting material on the Service, the Artist or their agent (the “Seller”) is offering the opportunity to purchase postcards, t-shirts, and other media with their material printed on them. Buyers accept the seller’s offer by completing the transaction process on the Site. The transaction is between the seller and buyer. Kurator is just a platform that the two parties use to complete the transaction. Kurator is not a party to the transaction.

If you do post material on the Site to sell prints or for any reason, make sure you have the rights to do so. You are responsible for anything you post or have posted. If you post something that causes an issue, you’re responsible for any issues that arise and you’ll have to indemnify Kurator and related parties as described below in the relevant section.

 

While Kurator isn’t a party in the transaction, we do handle a lot of the behind the scenes work for the Seller. The Seller only has to post the material. Kurator and our partners handle the printing and fulfillment. And you earn money. It’s that simple. And, if you prefer not to offer prints of your material, you can go to your settings and check the box to disable that feature.

The Seller will earn 75% gross profit for the sale of all merchandise bearing your Artwork on the Service.

Fees will be disbursed to you via your PayPal account, minus a service fee of 5%. (Additional fees from PayPal may apply, those additional fees are not under our control.)

You are responsible for determining any taxes or tax deductibility related to your use of the Service. Any fees, foreign exchange, or penalties charged by any payment providers or processors related to your use of the Service are your responsibility. You are responsible for the collection and payment of any taxes and for the provision and maintenance of all necessary information and records associated with your use of the Service. Kurator is not responsible for the reporting, collection, calculation, or payment of any taxes applicable to Kurator users.

Because each marketplace item is one-of-a-kind and created by the buyer, the Service cannot offer refunds or exchanges.

Kurator respects the intellectual property rights of others and we expect our members and guests to do the same. In accordance with the Digital Millennium Copyright Act, Kurator has adopted a policy of, in appropriate circumstances, terminating member accounts that are repeat infringers of the intellectual property rights of others. We also may terminate member accounts even based on a single infringement.

We will remove material from our site if we are properly notified about alleged copyright infringement in accordance with the DMCA. If you misrepresent that material is infringing, you may be subject to liability under U.S. federal law.

If you believe that your work has been copied in a way that constitutes copyright infringement, please email our Copyright Agent at nfo@kurator.xyz. Your notification must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act for more information):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site, sufficient for us to locate the material;
  • 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 owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you believe that your work has been removed by mistake or misidentification, please email us at nfo@kurator.xyz. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act for more information):

  • a physical or electronic signature of the user of the Services;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  • the subscriber’s name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.

If you misrepresent that material was removed by mistake or misidentification, you may be subject to liability under U.S. federal law.

If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.

Our designated copyright agent for notice of alleged copyright infringement can be reached at:

Genesis Law, PA

Attention: Alecia C. Daniel, Esq.

2500 NE 135th St.., Suite B508

North Miami, FL 33181

Email: thelaw@kurator.xyz

 

Here are some examples of actions that may result in us closing your account and deleting your information. You agree not to do any of the following things:

  • Posting material that is threatening, abusive, harassing, slanderous, defamatory, vulgar, obscene, profane, indecent, or otherwise objectionable including posting private information belonging to or about other individuals.
  • Posting content that promotes, encourages, or provides instructional information about illegal activities.
  • Posting hate propaganda or hate mongering.
  • Posting pornography and sexually explicit material of a lewd, lecherous, or obscene nature or intent or that violates local, state, or federal laws.
  • Using pirated software sites, including cracking programs or cracking program archives.
  • Posting any material that infringes any copyright, rights of privacy or publicity, patent, trademark, trade secret, or other proprietary rights of any party.
  • Failure to answer our inquiries in a timely manner.
  • Failure to maintain an active email.
  • The use of the Service for any illegal purposes.
  • Providing false information to us.
  • Using the Service to impersonate another person or misrepresent authorization to act on behalf of others.
  • Using the Service as a remote storage server only, or knowingly allowing another website or hosting server to link to content files stored on Kurator’s servers.
  • Accessing the Service through automated methods, such as the use of robots or other computer code that calls the Service.
  • Sending unsolicited and unwanted messages (also known as junk mail or spam).
  • Attempting to to undermine the security or integrity of computing systems or networks of Kurator, its partners, or those accessed through or with their product.
  • Any violation of the letter or spirit of these Terms.

You agree to comply with all applicable laws and to assume responsibility for your activities, and to provide and maintain accurate, complete, and current information with us.

You agree that we may, in our sole discretion, terminate or suspend your access to the Site for those reasons, or any reason. We have the right to delete for any reason all data, files, or other information that is stored in your account. We’re not liable to you or any third party for the termination of the Service and/or your account or any claims related to the termination of the Site and/or your account.

  1. Proprietary Rights. We own the intellectual property rights to any and all protectable components of the Service, including the computer software, the related documentation, the “look and feel,” the end-user interfaces, the name of the Service, and many of the features.

 

You agree that the Service, which includes all software and documentation, both electronic or printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Service is the proprietary property of Kurator. It is protected by copyright, trademark, and other proprietary rights and laws, and may be used or accessed only as specifically provided for in this Agreement.

You shall not store, copy, rent, lease, loan, sell, transfer, transmit, display, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or reverse assemble any aspect of the Service which we own. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Service (which includes its software and documentation), or create derivative works based on or in any manner commercially exploit the Service, in whole or in part.

  1. Limitation of Liability.  You must bear the risk of any liability relating to your use of the Site. ACCORDINGLY, YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE SITE, YOUR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING IN THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

  1. Notwithstanding the above, your exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which you paid directly to Kurator during the current payment period.

 

We are not responsible for any financial or personal loss to members using their accounts for business or any other purpose for any reason including, but not limited to, server down situations (i.e. server malfunction, server crashes or software related problems) and accidental or willful deletion of member accounts and/or contents of said accounts. Images stored on our servers are for online sharing purposes and not meant for permanent or temporary archival purposes. Therefore, we are not obligated to maintain back-up copies of any material submitted or posted on the Site.

 

  1. Indemnity.  You shall defend, indemnify, and hold harmless Kurator and our affiliates, members, officers, directors, employees, consultants, agents and representatives, and their respective heirs, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorneys’ fees), relating to any acts by you or materials or information transmitted by you on or through the Site or Service.

 

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

  1. Disclaimers of Warranty.  THE SITE IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED ON THE SITE. FURTHER, YOU EXPRESSLY UNDERSTAND THAT WE MAKE NO REPRESENTATIONS THAT INDIVIDUALS USING THE SITE ARE WHOM THEY PURPORT TO BE. WE HAVE NO CONTROL OVER, AND ACCEPT NO RESPONSIBILITY FOR, ANY CONTESTS OR ACTIONS OF ANY THIRD PARTY. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SITE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE SITE.

 

  1. Miscellaneous

Account Security. Do not share your password with anyone. Your account is for you only. You are responsible for any actions taken by your account.

Choice of Law/Jurisdiction. You agree that these Terms of Use shall for all purposes be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law provisions thereof, and that any action arising out of these Terms of Use shall be litigated and enforced under the laws of the State of Florida. Further, you agree to submit to the exclusive jurisdiction and venue of the courts of the State of New York, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the State of Florida.

Waivers. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The failure of Kurator to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

Severability. If any provision of these Terms of Use shall be declared void or invalid by a court of competent jurisdiction, such void or invalid provision shall not in any way impair the entire Terms of Use. The remaining provisions shall be construed as if not containing the provisions held to be void or invalid, and the rights and obligations of the parties hereto shall be construed and enforced accordingly. If any court with jurisdiction should determine that any provision of these Terms of Use is overbroad or otherwise unenforceable, the court may narrow or limit the provision so as to make it enforceable.

Headings. The headings used in these Terms of Use are for reference purposes only and do not constitute substantive matter to be considered and construed as the terms of these Terms of Use.

Binding Agreement. These Terms of Use shall be binding upon you and your employees, representatives, and agents, and their respective heirs, successors and assigns and shall inure to the benefit of Kurator and its affiliates, successors, assigns and licensees.

Entire Agreement. These Terms of Use and any and all other online policies promulgated by Kurator constitute the entire agreement between us and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. Nothing contained herein will be construed to constitute either party as a partner, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur any warranty, liability, or obligation of any kind (express or implied) on behalf of the other party.

Force Majeure. Failure by any party to perform any obligation hereunder shall be excused if and for so long as such breach or failure to perform is caused by a force majeure event, and prompt notice thereof has been given to the other party. If any party fails to perform any duty or obligation hereunder as a result of a force majeure event, such party shall be required to fulfill its obligations hereunder within a reasonable time after the force majeure event ceases to exist.

Acknowledgment. By using and/or accessing the Website, you are agreeing to comply with and be bound by these Terms of Use (the “Agreement”). This Agreement is inclusive of any operating rules, official contest rules, policies, price schedules, and/or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time. Please review the terms of this Agreement carefully. If you do not consent to this Agreement in its entirety, you are not authorized to use this Website in any manner or form.

Subject to our Privacy Policy, as a registered member you agree to receive periodic emails from us containing information about new features and service options and/or periodic information about special promotions.

Membership is available only to individuals who are either at least 18 years old. The Site does display photographs and images containing nudity and violence that may be offensive to some.

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