TERMS AND CONDITIONS OF USE OF INYOURI.COM
These Terms and Conditions form the basis on which you may visit and use our website. Please read them carefully - they contain important information.
Access to and use of this website is provided by inyouri.com to you on condition that you accept these Terms, and by accessing or using this website, you agree to these Terms and Conditions. If you do not agree to accept and abide by these Terms you should not access or use this website.
In this document, the terms "inyouri" and "inyouri.com" mean the same thing:
inyouri.com Ltd, a Company registered in England under registration number 6587728, which appears on the internet as the website "inyouri.com".
inyouri.com is a UK-based trading and collecting service for digital media artists and collectors which allows Members to upload their digital art works, view and create unique collections of digital media online, and communicate with other Members. We may be contacted HERE or by post at INYOURI, 17 Welsh Street, Chepstow, Monmouthshire, NP16 5YH, UK.
inyouri.com reserves the right in its sole discretion to deny Members access to our site without notice and to decline to provide services to any User that is in breach of these terms and conditions of use.
In this document, the term "User" means anyone who browses the inyouri website. A "Member" is someone who has joined inyouri and can trade within it (and includes the expression "User" where appropriate).
This document is an agreement stating the legally binding rights and obligations of inyouri.com, and those of its Artists, Members and Users, in relation to the services offered by inyouri.com.
inyouri.com undertakes to provide Members with art trading services and information subject to the following Terms. When Members register with the site, they agree to being bound by the terms of this agreement, and they agree to reaffirm this agreement every time they use inyouri.com's services.
No member of inyouri.com's management, staff or shareholders may buy Art Works on the site.
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Registration:
To use certain features of inyouri.com you must become a Member. This involves your registering with us on the form provided on the site.
Members agree:
* to provide true, current and complete information about themselves as prompted by the form.
* to update the information as necessary to keep it accurate, current and complete.
* to remain solely responsible for all information they give us (including their User Name, should it be discovered to infringe the copyright or trademark rights of any company, organization or individual).
If inyouri.com has reasonable grounds to suspect that their information is untrue, misleading, inaccurate, not current or incomplete, we have the right to suspend or terminate their account and deny them use of the services we offer.
Membership of inyouri.com is personal to the individual, and may only be transferred as part of a bequest after death.
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Passwords:
Members of inyouri.com will need to use their User Name and password to trade. They are responsible for keeping their password and account details secret, and for all activities that occur under their password or account (including unauthorized use). inyouri.com is not liable for any loss or damage arising from their failure to protect their password or account information.
Members agree:
* to Log Out from their account at the end of each session.
* to inform us immediately if they suspect that their password has become known to anyone else, or if the password is being (or is likely to be) used in an unauthorised manner; or any other breach of security.
* not to disclose or share their password to any third parties, nor to use their password for any unauthorised purpose.
inyouri.com will never ask Members for their password in an unsolicited phone call or email.
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Trademarks and Copyright:
Ownership of inyouri.com:
The name "inyouri" is Trademarked. inyouri.com's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of inyouri.com, and must not be used by anyone other than inyouri, except by written permission. Any other trademarks that appear on the site are the property of their respective owners.
All other contents of the inyouri.com site (including but not limited to text, graphics, logos, button icons, images, etc) are copyright © inyouri and may not be reproduced except for purposes of review. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of inyouri.com Ltd and the uploading copyright holders.
Artists:
Members who upload Art Work to the inyouri site declare that they own (or otherwise legally control) all of the rights to it. They agree to indemnify and keep indemnified inyouri.com for any claims brought against it arising out of any conflict of ownership, permissions or copyright issues whatsoever.
The copyright in all Art Works uploaded to and displayed on inyouri.com remains with the person(s) who created it, or their appointed representative(s). Copyright is protected under international laws.
Members:
Paying for the exclusive viewing rights to an Edition of an Art Work on the site does not grant a Member any rights of ownership or reuse of it outside the medium of the site and domain of inyouri.com. Viewing rights are limited to personal and non-commercial use.
Members agree not to try to use, reproduce, create derivative works from, modify, exploit or distribute any Art Works on the site in any way. No copyright and other intellectual property notices may be deleted.
Use of inyouri.com indicates that a User agrees to respect the intellectual property rights, copyrights, trade marks, etc, of others. Users who abuse or infringe the intellectual property rights of others may be expelled from the site and denied further access to any inyouri service. If you notice any material on inyouri that you believe does not belong to the person claiming to own it, please tell us HERE.
Members agree that the Art Works exhibited on the inyouri.com website are the property of their respective copyright owners, and are visible on inyouri.com as the result of their express authorisation.
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Content:
Artists uploading an Art Work of any kind to inyouri agree to grant us exclusive, royalty-free rights to exhibit and display it on our site. While we will present their Art Work on the site in various sizes and at times with a faint anti-piracy watermark, we will not modify, adapt, publish, nor create derivative works from it, and we impose a similar responsibility on all other Users of the site.
Artists agree:
* that their Art Work may not be removed from the site after any Edition of it has been sold.
* that the rights they grant above are irrevocable during the entire period of our exhibition of their Art Work.
inyouri.com reviews every Art Work before deciding whether to allow it exhibition space on the site. We have no obligation to exhibit anything submitted to us.
While every effort is made to filter out inappropriate images, text and sounds, such content may occasionally slip through due to its having been disguised, hidden or not being obvious to inyouri staff. Should such content be discovered, it will be reviewed and dealt with on a case-by-case basis.
Artists agree that should they wish to cancel their membership of inyouri, they must first sell the remaining Editions of any of their Art Works which have already had at least one sale.
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Money:
Whenever an Edition of an Art Work is bought for the first time (an "initial sale"), 50% of the price will be earned by the Artist. The remaining 50% will be paid to inyouri.com.
Any subsequent resale of that Edition will deliver 15% of the price to the Artist, 70% to the Collector and 15% to inyouri.com.
Only after 10 Credits or more has been earned can they be redeemed by transferring their value into the Member's Paypal account.
inyouri.com bears no responsibility for the safety or security of funds either in or being transferred between Paypal, a Member's bank, or any other institution.
Since all financial transactions relating to the use of inyouri.com are performed through Paypal, inyouri reminds all Members that they bear full responsibility for paying any taxes applicable in their own countries.
Due to the specialised nature of inyouri.com's business, and save as provided in these Terms, Members join on the understanding that no form of monetary refund or return will be made for any reason after a Work has been purchased.
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Use:
Members and Users agree:
* not to use inyouri.com in any way that causes (or is likely to cause) the site, or access to it, to be interrupted or damaged in any way.
* to use inyouri.com for lawful purposes only, and never to attempt to use it for any fraudulent purpose or in connection with any criminal or unlawful activity.
* not to upload any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; nor which is in breach of copyright, trademark, confidence, privacy or any other right; nor is otherwise injurious to third parties; nor objectionable.
* not to use inyouri.com to cause annoyance, inconvenience or needless anxiety to anyone.
* not to impersonate any other person nor entity while using the site, nor to attempt to pass themselves off as inyouri.com. Either false claim is liable to result in civil liability.
* that while they may establish a hypertext link to inyouri.com's Homepage, they may not frame any of the content of it, nor incorporate it into another website, not portray inyouri.com, nor the contents of the site in a false, misleading, derogatory, or otherwise offensive matter.
* not to imply that they are involved in the running of inyouri, nor that inyouri sponsors or supports them in any way.
* not to attempt to interfere with the proper working of the inyouri.com site, nor of any transaction being conducted on it.
* not to attempt to circumvent user authentication or inyouri.com's security, access data not intended for them, nor log into an account they are not expressly authorised to access.
* not to forge header information.
* not to use offline browsers (software which makes a local copy of a website) nor any other software agent, excluding search engine spiders and legitimate web browsers. Any Member found using them will be denied access to inyouri.com, and may face prosecution.
* To abide by the laws and customs of the country in which they are operating in regard to moral and ethical issues (such as the depiction of the human form, etc) when purchasing or viewing Works.
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Internal messaging, written content and emails:
Members may submit reviews, comments, communications, suggestions, ideas, questions or information, but inappropriate messaging (including within the names of Art Works and their descriptions) is prohibited. Any communication which (whether through language, intent, size or frequency of delivery) causes inconvenience, insult or shock is prohibited.
Members agree:
* not to send nor pass on bulk-mailed messages which advertise products, or promote propaganda, belief systems, political rants or dogma.
* not to gather, use nor pass on name or address information gathered on this site for use in advertising campaigns, spam or any other purpose.
* not to send or pass on any message which is unlawful, harmful, abusive, threatening, defamatory, invasive, vulgar, or obscene.
* not to use their space on the site for advertising products, services, etc unrelated to their personal use of inyouri.com.
* not to send nor pass on any form of chain-letter.
Because inyouri.com exhibits a very large number of Art Works and hosts very large numbers of Users, it is not possible for us to be aware of the contents of each comment on the site. Accordingly, if you believe that any such content is inappropriate, please notify us immediately HERE. inyouri.com will make all reasonable endeavours to review the content within a reasonable time, and alter (or remove) it as we deem suitable.
Members who circulate inappropriate messages within inyouri.com agree to pay a UK£30.00 administration fee per individual email received.
Members submitting written content agree that inyouri.com has perpetual royalty-free rights to re-use, edit, distribute and display it throughout the world in any medium, accompanied by the name under which they submitted it. They agree to waive their right to be identified as the author of such content and their right to object to derogatory treatment of such content.
Users agree that they are responsible for any electronic communications and content sent from their computer to or via inyouri.com.
In most cases, inyouri.com will communicate with Users either by email or by messages posted on the site. Users agree that all such electronic communications provided by inyouri satisfy any legal requirement that they be "in writing". This condition does not affect their statutory rights.
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Linked Websites:
This website may provide links to third party websites for your convenience only. The inclusion of these links does not imply that inyouri.com monitors or endorses these websites. inyouri.com does not accept any responsibility for such websites. inyouri.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.
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Law and Liabilities:
The inyouri.com company is registered in England, and since every transaction is deemed to be performed in England, it is governed by English law. inyouri.com and its Users submit to the exclusive jurisdiction of the English courts in relation to any disputes requiring legal determination.
To buy, sell or trade on inyouri.com, Members must be legally and mentally viable to enter into contracts. Generally, this means that they must be at least 18 years old.
While we at inyouri will try our best to provide a service that is uninterrupted, secure, and error-free, we make no binding promises that it will invariably meet users' requirements. We may also need to suspend or restrict services to allow for essential maintenance or the introduction of new facilities or services.
Accessing inyouri is done at a User's own risk regarding internet security, the integrity of their own computer, viruses, their own data, etc, or in an other way. inyouri is provided on an "as is" and "as available" basis. inyouri.com expressly disclaims all warranties of any kind, whether express or implied by statute or otherwise, including, but not limited to, the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement (except in the case of proven negligence on our part).
No advice or information which Users may obtain from inyouri.com creates any warranty not expressly stated in this document.
Users assume all responsibility and risk for using this website including without limitation any of the information or materials contained therein.
In no event shall inyouri.com or any of its directors, officers, employees, shareholders, partners, or agents be liable for any incidental, indirect, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of these terms of use, including without limitation any User's use of, reliance upon or access to this web site, the materials or any part thereof, or any rights granted to them hereunder, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise. Users agree to indemnify and hold harmless inyouri.com (including our employees, directors, officers, agents, and their successors and assigns) from any damages and expenses relating to the use of the site.
Since inyouri.com has no control over the personal habits, medical conditions or mental health of our users, Users agree that we bear no liability for the content or quantity of Art Works in any Member's collection, nor are inyouri responsible for any financial losses suffered during legitimate trading on the site.
In any event, the total maximum aggregate liability of inyouri under these terms or the access to the relevant content of any or all part of this web site in any manner whatsoever shall be limited to the fees actually paid by you to inyouri under these terms.
Notwithstanding the foregoing, nothing in these terms is intended to limit any rights a User might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude nor limit our liability to the User for any death or personal injury resulting from our negligence.
inyouri.com shall not be liable for any delay or failure to perform its obligations under this agreement if caused by matters beyond our reasonable control. Such matters can include:
* Natural disasters, floods, fires, etc.
* Local legislation and regulations.
* Computer, backup or mechanical failure.
* What are known as "Acts of God".
* Power, fuel or utilities shortages.
* Matters of regional or national crisis, for example strikes, blockades, terrorist activities, civil commotion, war etc.
In the event that any term of this agreement is held to be unenforceable or invalid by judicial decree or decision, the remainder of this agreement shall remain valid and enforceable.
If you are not satisfied with the quality of inyouri.com's service, please contact us
HERE. We will take all complaints seriously and treat them with confidentiality.
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Security & Privacy:
Use of personal information collected by inyouri is held securely, is strictly confidential and is protected under the Data Protection Act. We will not use this data, or disclose it to any other party without the Member's permission. We may, however, disclose this data if compelled to do so by:
* conforming with legal requirements or complying with legal process.
* protecting the rights or property of inyouri.com.
* enforcing inyouri.com's Terms of Service.
* acting to protect Members or others from harm.
* administering, maintaining and improving the service.
To provide a service that meets our Users' needs, inyouri.com will collect and may display information relating to the popularity and usage of particular aspects of the site. This is used to create the "Best Sellers", "Top Artists" (etc) sections.
Should inyouri need for operational reasons to transfer personal information to countries outside the European Economic Area, we will ensure that this is done in accordance with this Privacy Notice and as permitted by the applicable laws on data protection.
If you have any questions about our use of your personal information, please contact us HERE.
inyouri.com reserves the right to suspend or terminate any Member's account without notice if it is (or appears to us to be) in breach of any of the provisions of this agreement. Users agree that should they breach any of our Terms of Use or conditions and we take no action, we are still be entitled to use our rights and remedies in any other situation where they breach these conditions.
Members have the right to see personal data (as defined under the Data Protection Act) kept about them by inyouri.com. Upon receipt of a written request and payment of a fee of UK£10.00, inyouri will supply such information. Any request should be sent to: INYOURI, 17 Welsh Street, Chepstow, Monmouthshire, NP16 5YH, UK.
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Other Terms:
Other Terms, conditions and instructions appear in other sections of the inyouri.com site. They are as binding as those stipulated in this document.
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Changes to this Agreement and inyouri.com's Services:
inyouri.com may at any time revise these Terms or impose new conditions, in which case we will post the updated version on the site (indicating the revisions), at which point it will take effect and be as binding as previous Terms on all users.
inyouri.com may at any time alter or enhance its services.
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If you have any questions about inyouri's Terms of Use, please contact us
HERE.
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