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This privacy policy is for this website: www.SmartArtUK.com and served by
SmartArt UK Ltd
20-22
Wenlock Road London
N1 7GU
England
United Kingdom

governs the privacy of its users who choose to use it. It explains how we comply with the GDPR (General Data Protection Regulation), the DPA (Data Protection Act) [pre GDPR enforcement] and the PECR (Privacy and Electronic Communications Regulations).

This policy will explain areas of this website that may affect your privacy and personal details, how we process, collect, manage and store those details and how your rights under the GDPR, DPA & PECR are adhere to. Additionally, it will explain the use of cookies or software, advertising or commercial sponsorship from third parties and the download of any documents, files or software made available to you (if any) on this website. Further explanations may be provided for specific pages or features of this website in order to help you understand how we, this website and its third parties (if any) interact with you and your computer / device in order to serve it to you. Our contact information is provided if you have any questions.

This privacy policy applies to the websites (“Sites”) operated by SmartArt UK and its affiliates (“SmartArt UK”, “we”, “our” and “us”) and to the processing of personal information by SmartArt UK as contemplated in this privacy policy. Any reference to “you” or “your” means you, the user.

1. THE DPA & GDPR MAY 2018

1.1 We and this website complies to the DPA (Data Protection Act 1998) and already complies to the GDPR (General Data Protection Regulation) which comes into effect from May 2018. We will update this policy accordingly after the completion of the UK's exit from the European Union.

2. USE OF COOKIES

2.1 This website uses cookies to better the users experience while visiting the website. As required by legislation, where applicable this website uses a cookie control system, allowing the user to give explicit permission or to deny the use of /saving of cookies on their computer / device.

2.2 What are cookies? Cookies are small files saved to the user's computer’s hard drive that track, save and store information about the user's interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.

2.3 Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors or use the cookie control system if available upon their first visit.

2.4 The Site may automatically collect information as you browse, such as Internet Service Provider, browser type and version, operating system and device type, average time spent on our site(s), pages viewed, information accessed, the Internet Protocol (IP) address used to connect your computer to the Internet and other relevant statistics. Such information is sometimes referred to as web analytics and/or clickstream data.

2.5 We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, and provide site functionality.

2.6 Technologies such as: cookies, beacons, tags and scripts are used by SmartArt UK and our affiliates, analytics services and service to provide site features and functionality. These technologies are used in analysing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

  • • We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third-party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out in the preference page of your account. Please note this does not opt you out of being served ads. You will continue to receive generic ads.

2.7 We enable you to create a profile for accessing blogs or online communities for sharing information such as messages, photos and videos. Please note that we cannot control the actions of others with whom you may choose to share your pages and information. Any information you post to a public bulletin board or chat room, such as the Forum For Contributors (the "Forums"), is available to all persons accessing that location. To request removal of your personal information from our blog or community forum, contact us at privacy@SmartArtUK.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. Alternatively, if you used a third-party application to post such information, you can remove it, by either logging into the said application and removing the information or by contacting the appropriate third-party application.

2.8 Your email address will not automatically be posted on the Forums unless you modify the default setting to permit that. Your email address will then be available to all persons accessing the Forums. In addition, any information that you choose to include in your profile can be viewed by all visitors to the Forums. You can change your profile under your account once you have logged in.

3. WEBSITE VISTOR TRACKING

3.1 This website uses tracking software to monitor its visitors to better understand how they use it. The software will save a cookie to your computer’s hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information.

4. ADVERTS AND SPONSORED LINKS

4.1 This website may contain sponsored links and adverts. These will typically be served through our advertising partners, to whom may have detailed privacy policies relating directly to the adverts they serve.

4.2 Clicking on any such adverts will send you to the advertiser’s website through a referral program which may use cookies and will track the number of referrals sent from this website. This may include the use of cookies which may in turn be saved on your computer’s hard drive. Users should therefore note they click on sponsored external links at their own risk and we cannot be held liable for any damages or implications caused by visiting any external links mentioned.

5. DOWNLOADS & MEDIA FILES

5.1 Any downloadable documents, files or media made available on this website are provided to users at their own risk. While all precautions have been undertaken to ensure only genuine downloads are available users are advised to verify their authenticity using third party anti-virus software or similar applications.

5.2 We accept no responsibility for third party downloads and downloads provided by external third-party websites and advise users to verify their authenticity using third party anti-virus software or similar applications.

6. CONTACT & COMMUNICATION WITH US

6.1 Users contacting this us through this website do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use.

6.2 Where we have clearly stated and made you aware of the fact, and where you have given your express permission, we may use your details to send you products/services information through a mailing list system. This is done in accordance with the regulations named in 'The policy' above.

7. EMAIL MAILING LIST & MARKETING MESSAGES

7.1 We operate an email mailing list program, used to inform subscribers about products, services and/or news we supply/publish. Users can subscribe through an online automated process where they have given their explicit permission. Subscriber personal details are collected, processed, managed and stored in accordance with the regulations named in 'The policy' above. Subscribers can unsubscribe at any time through an automated online service, or if not available, other means as detailed in the footer of sent marketing messages (or unsubscribe from all Mailchimp lists). The type and content of marketing messages subscribers receive, and if it may contain third party content, is clearly outlined at the point of subscription.

7.2 Email marketing messages may contain tracking beacons / tracked clickable links or similar server technologies in order to track subscriber activity within email marketing messages. Where used, such marketing messages may record a range of subscriber data relating to engagement, geographic, demographics and already stored subscriber data.

7.3 Our EMS (email marketing service) provider is: and you can read their privacy policy in the resources section.

8. EXTERNAL WEBSITE LINKS & THIRD PARTIES

8.1 Although we only look to include quality, safe and relevant external links, users are advised to adopt a policy of caution before clicking any external web links mentioned throughout this website. (External links are clickable text / banner / image links to other websites, similar to: Llawhaden or www.celticnst.com.)

8.2 Shortened URL's; URL shortening is a technique used on the web to shorten URL's (Uniform Resource Locators) to something substantially shorter. This technique is especially used in social media and looks similar to this (example: http://bit.ly/zyVUBo). Users should take caution before clicking on shortened URL links and verify their authenticity before proceeding.

8.3 We cannot guarantee or verify the contents of any externally linked website despite our best efforts. Users should therefore note they click on external links at their own risk and we cannot be held liable for any damages or implications caused by visiting any external links mentioned.

9. SOCIAL MEDIA POLICY & USAGE

9.1 We adopt a Social Media Policy to ensure our business and our staff conduct themselves accordingly online. While we may have official profiles on social media platforms users are advised to verify authenticity of such profiles before engaging with or sharing information with such profiles. We will never ask for user passwords or personal details on social media platforms. Users are advised to conduct themselves appropriately when engaging with us on social media.

9.2 There may be instances where our website features social sharing buttons, which help share web content directly from web pages to the respective social media platforms. You use social sharing buttons at your own discretion and accept that doing so may publish content to your social media profile feed or page. You can find further information about some social media privacy and usage policies in the resources section below.

10. CHANGES IN PRIVACY POLICY

10.1 All "Personal Information" ("Personal Information" is defined as any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains) that we collect and maintain will be subject to this Privacy Policy, as amended from time to time. SmartArt UK reserves the right to amend the Privacy Policy from time to time at its sole discretion and will provide notice on the home page of the Site when we make material changes to this Privacy Policy prior to the change becoming effective. If as the result of such changes, you want to alter the ways in which SmartArt UK is allowed to use your Personal Information, you can do so by updating your personal Information and Privacy Preferences.

10.2 You will be deemed to have been made aware of, and will be subject to, any material changes to the Privacy Policy after such notice has been posted with the following exception: If at the time you provide Personal Information to SmartArt UK you are given the opportunity (as you currently are) to limit how such information will be used to communicate with you, either by SmartArt UK or by third parties, SmartArt UK will not change your preference in this regard without your express consent. However, if SmartArt UK is acquired by or merged with another entity, SmartArt UK may provide to such entity customer information that is related to that part of our business that was sold to or merged with the other entity without your consent, but SmartArt UK will provide notice of such asset sales, acquisitions, or mergers on this Site.

11. ENTITIES COLLECTING PERSONAL INFORMATION

11.1 Personal Information on this Site is collected by SmartArt UK Ltd, 20-22, Wenlock Road London, N1 7GU, England, United Kingdom, and its telephone number is 07709 194 267.

12 UPDATING YOUR PERSONAL INFORMATION AND PRIVACY PREFERENCES

12.1 Upon request SmartArt UK will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information please contact us at privacy@SmartArtUK.com.

12.2 You have the right to access and correct or delete your Personal Information and privacy preferences at any time. This may be accomplished by clicking on the link, "My Account" (to be linked when ready) once you have logged in, where you can view and make changes to most of your Personal Information immediately. For security purposes, certain Personal Information can only be changed by contacting support by email. We will respond to your request within a reasonable timeframe.

13. COLLECTION OF PERSONAL INFORMATION

13.1 As a visitor to the Site, you can engage in many activities without providing any Personal Information.
However, when you order products or services as a SmartArt UK subscriber, we may collect the following Personal Information from you:
Contact information such as your name, phone and fax numbers, address and email address; and
Billing information such as the number, expiration date, card type and billing address of your credit card; and
Demographic information such as your job title, job description and company name and company type.
If you submit content to SmartArt UK, you may be asked to provide the following information:
Contact information such as your name, phone number, primary address, and email address.
Profile Information (Not necessary Mandatory) – For e.g.

  • - What type of user are you – Just Starting – Artist – Dreamer - Professional
  • - Description about you
  • - What inspires you to paint?

As well as social media account information:

  • - Facebook Profile/Page Link
  • - Twitter Profile Page/Page Link
  • - Google+ Profile/Page Link
  • - LinkedIn Link – (if business or professional artist)
  • - Links to your website – contact details – Telephone, Email - (if business or professional artist)

13.2 Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

13.3 As is true of most websites, when you use the Site, SmartArt UK or third parties authorized by SmartArt UK may also collect certain technical and routing information about your computer to facilitate your use of the Site and its services. For example, we may log environmental variables, such as browser type, operating system, CPU speed, and the Internet Protocol (IP) address of your computer. We use these environmental variables to facilitate and track your use of the Site and its services. SmartArt UK also uses such environmental variables to measure traffic patterns on the Site. To better understand the needs of our visitors to the Site we may occasionally match such information with your Personal Information.

13.4 In order to reduce errors in our database, authenticate our users, and prevent abuse of our system, we may on occasion supplement the Personal Information you submit to us with information from third-party sources. For example, we may supplement your contact information with address information provided by the UK. Postal Service to qualify your information and prevent errors in our database. As permissible, we may also supplement the information you provide to us with demographic and other information (such as age or interest in photography) stored in third-party databases in order to make it more likely that marketing communications we send will be of interest to you.

13.5 Profile and Account Information - To make our Services more interactive, certain information about Users’ profiles or accounts may be made accessible to other Users on or through our Services, as indicated in Users’ profile and account settings on our Services, or as otherwise indicated by us when you use certain Services. For example, if your public profile is enabled in your settings, your name and certain information that you may enter in your profile (such as a bio, location and website) will be visible to other Users on our Services. Our Services may include settings to control how certain profile or account information is shared with other Users on or through our Services, and you should check your profile and account settings regularly to be informed of your current choices. Please also note that public information on our Services may be indexed by third-party search engines and accessible through them.

14. INFORMATION FROM MOBILE USE

14.1 When you access our Services on a mobile device, for example, when you download or use a Smart Art mobile application or visit our website from a mobile browser, we may obtain information about your location and mobile device, including a unique identifier for your device. Along with the other purposes described in this Policy, we may use this information in order to customize our Services, Content and marketing for your location. Most mobile devices let you disable location services, and your choices for location services may vary depending on your mobile device.

15. USER CONTENT

15.1 As described in our Terms of Use, when you post or publish User Content on our Services, any information contained in the User Content (including information in images or videos) becomes publicly accessible on our Services (and may also be indexed by and accessible through third-party search engines), and we and other Users may access and use the User Content as described in our Terms of Use. This applies even if you or someone else also provides such information to us by other means, and our use of such information might have been more limited under this Policy if such information was only provided to us by such other means. It is your responsibility to ensure that you have the right to share any information about others that you may share with us or with others through our Services.

16. USER COMMUNICATIONS

16.1 Connecting with Other Users - We aim to provide a platform and marketplace where Users can discover and engage with a wide range of artwork, design and other items from around the world. To help make this happen, our Services may include features, such as messaging tools and email addresses hosted on our Services, that enable you to contact and communicate with other Users. For example, when a seller lists an artwork or other item on our Services, our Services may enable you to contact them about that item or about other items they may have available.

16.2 Sharing Information with Other Users - When you use our Services to contact another User or perform a transaction with another User, they may obtain your name, email address and (as applicable) other contact information from us to facilitate your communications or transactions. Sometimes other Users may be able to obtain additional information about you when you use our Services to contact them or perform a transaction with them. For example, they may be able to obtain information about your location, interests and other information, as indicated by us in connection with these Services, or as otherwise indicated in your profile and account settings. Our Services may include settings that enable you to choose how certain information is shared with other Users when you contact them or perform a transaction with them, as indicated when you use these Services or in your profile and account settings. Please note that other Users may have their own privacy policies that apply to their use of information, and you may wish to ask them about their policies before sharing information with them to be informed of their practices. As mentioned above, this Policy does not apply to any entity that we do not own or control, or to any person that we do not employ or manage, and we are not responsible for their privacy policies or practices.

17. PAYMENT INFORMATION

17.1 If you use our marketplace or register for certain Services, you may need to provide payment information, such as a credit card number, type and expiration date. We do not store credit card information entered on our Services. This information is stored by a third-party payment processor, and the use and storage of this information will be subject to the payment processor’s own terms of service and privacy policy. We do receive certain information from the payment processor, including a unique token that we associate with you to authorize your purchases, and in certain cases, the last four digits of the credit card number associated with that token, in order to help prevent fraud and identity theft.

18 FAVORITES AND FOLLOWS

18.1 Our Services may include features that enable you to designate your “favourite” artists, designers or other creators, artwork or other items, or categories of artwork or other items. Our Services may also include features that enable you to “follow” galleries, institutions or other Users, artists, designers or other creators, or categories of artwork or other items. If your public profile is enabled, other Users may also be able to follow you, and the number of Users that follow you may be visible to other Users on our Services. You may be able to share, or choose not to share, certain information about your favourites, follows or followers on or through our Services, as indicated by us in connection with these features or in your profile and account settings.

19. INFORMATION SHARING WITH SERVICE PROVIDERS / AGENTS

19.1 SmartArt UK uses one or more outside credit card processing companies to bill you for our goods and services. To the best of our knowledge, these companies do not retain, share, store or use personally identifiable information for any other purpose.

19.2 We also share Personal Information with certain companies that perform services on our behalf. We only share the Personal Information which is necessary for them to perform those services. We require any company with which we may share Personal Information to protect that data in a manner consistent with this policy and to limit the use of such Personal Information to the performance of services for SmartArt UK.

19.3 We do not sell or otherwise provide Personal Information to other companies for the marketing of their own products or services.

20. HOW YOUR PERSONAL INFORMATION IS USED

20.1 We do not sell, rent or share your personally identifiable information to or with third parties in any way other than as disclosed in this Privacy Policy. SmartArt UK collects your information in order to record and support your participation in the activities you select. SmartArt UK or one of our trusted partners may use this information to:

  • • Process your financial transactions.
  • • Send you order / renewal confirmations.
  • • Register your rights, if any, to technical support or other benefits that may be made available to registered users.
  • • Respond to customer service requests, questions and concerns.
  • • Administer your account.
  • • Send you requested product or service information.
  • • Keep you informed about special offers and services of SmartArt UK and selected third parties.
  • • Administer promotions and sweepstakes you enter and notify you of the results.
  • • Investigate, prevent or take action regarding illegal activities and/or violations of our Terms of Service.
  • • Meet our research and product/service development needs and to improve our Site, services and offerings; and
  • • Customize your experience, including targeting our services and offerings to you.

20.2 We store information that we collect through cookies, log files, transparent images, and/or third-party sources to create a summary of your preferences. We tie your personally identifiable information, and/or your membership usage history, to information in the summary, in order to provide tailored promotions and marketing offers, to improve the content of the site for you and/or to determine your preferences.

20.3 In certain situations, SmartArt UK may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

20.4 We further reserve the right to disclose your Personal Information as required by law (e.g. to comply with a subpoena, warrant, court order, or legal process served on SmartArt UK) and when we believe that disclosure is necessary to protect our rights, avoid litigation, protect your safety or the safety of others, investigate fraud, and/or respond to a government request. We may also disclose information about you if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.

21. DATA RETENTION

21.1 We will retain your information for as long as your account is active or as needed to provide you services. If you wish to delete your account or request that we no longer use your information to provide you services contact us at art@SmartArtUK.com. We will respond to your request within 30 days. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

22. CHOICE / OPT OUT

22.1 You may "opt out" of receiving SmartArt UK's email updates, newsletters and/or partner emails by clicking on the "My Account" (to be linked when ready) link once you have logged in on the Site and making the appropriate selections. The choice to opt out of such communications is also generally available during the sign-up process. SmartArt UK will still contact you when there are changes to the Terms of Service or Submitter Terms of Service, as applicable. In addition, we will still send you service-related announcements including, but not limited to, a registration email, benefit notification emails, emails automatically triggered by actions you took on the Site and bill related notices. Generally, you may not opt-out of these communications, which are not promotional in nature. If you wish not to receive them, you have the option of deactivating your account

23. PROTECTION OF YOUR PERSONAL INFORMATION

23.1 The Personal Information that you provide in connection with the use of the Site is protected in several ways.

  • • Access by you to your account profile is available through a password and unique customer ID selected by you. This password is encrypted. You should strive to use a strong, alpha-numeric password which you should not divulge to anyone.
  • • Your Personal Information resides on a secure server that only selected SmartArt UK personnel and contractors have access to via password.
  • • Your Personal Information is encrypted whenever it is transmitted to SmartArt UK.
  • • When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

23.2 We strive to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. While we use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. If you have any questions about security on our Web Site, you can send email to us at privacy@SmartArtUK.com.

24. LINKS TO 3RD PARTY SITES

24.1 Our Site includes links to other Web sites whose privacy practices may differ from those of SmartArt UK. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Web site you visit.

25. SOCIAL MEDIA WIDGETS

25.1 Our Web site includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

26. SINGLE SIGN-ON

26.1 You can log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign-up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.

27. SECURITY

27.1 Every SmartArt account is protected by a password to help maintain privacy and security on our Services. If you register for an account, we urge you to use a strong password containing unique numbers, letters and special characters, and to protect the confidentiality of your password at all times. If you suspect or become aware of any unauthorized access to or use of your account or password, you agree to immediately notify us at privacy@SmartArtUk.com and change your password. Please note that while we seek to protect your information and maintain the security of our Services, due to the possibility of hardware or software failure, unauthorized entry or use and other factors, we cannot guarantee the security of any information, whether online or offline. Any transmission of information is at your own risk. Please also note that any information you provide to us via email is unencrypted.

28. REFERRAL PROGRAM EMAILS

28.1 If you choose to use our referral service to tell a friend about our Site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. SmartArt UK stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
Your friend may contact art@SmartArtUK.com to request that we remove this information from our database.

29. CHILDREN

29.1 We do not intend to solicit or collect Personal Information from anyone under the age of 13. If you are under 13, do not enter information on this site or engage our services. If you believe a child of yours under the age of 13 has entered Personal Information please contact art@SmartArtUK.com to have the data removed and terminate the child’s account.

27. PRIVACY COMPLAINTS

27.1 SmartArt UK takes its users' privacy concerns seriously. If you believe that SmartArt UK has not complied with this Privacy Policy with respect to your Personal Information, you may contact the Privacy Officer at SmartArt UK Ltd, Wenlock Road London, N1 7GU, England, United Kingdom. In your letter please describe in as much detail as possible the ways in which you believe that the SmartArt UK Privacy Policy has not been complied with. We will investigate your complaint promptly. If you do not receive acknowledgment of your complaint or your complaint is not satisfactorily addressed, you should then contact TRUSTe through the TRUSTe Watchdog Dispute Resolution Process. TRUSTe will serve as a liaison with this Site to resolve your concerns.

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this Web site, you can contact our Privacy Officer at privacy@SmartArtUK.com.

1. ACCEPTANCE OF TERMS

1.1 You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that SmartArtUK, Ltd. ("SmartArtUK") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

1.2 SmartArtUK may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of SmartArtUK.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

2. INTELLECTUAL PROPERTY

2.1 Subject to your compliance with these Terms of Use, any applicable license agreement with SmartArtUK, and the law, you may access and use the Site. SmartArtUK remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. SmartArtUK may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in SmartArtUK’s sole discretion. SmartArtUK provides the Site on an "as is" and "as available" basis.

2.2 All content on this Site, including but not limited to Images, Footage, Music, and related metadata (collectively the "SmartArtUK Content"), as well as the selection and arrangement of the SmartArtUK Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any SmartArtUK Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and SmartArtUK, SmartArtUK does not grant any express or implied permission to use the Site or any SmartArtUK Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any SmartArtUK Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or SmartArtUK Content.

2.3 Unless you enter into a license agreement with SmartArtUK you may not download, distribute, display and/or copy any SmartArtUK Content.

2.4 You may not remove any watermarks or copyright notices contained in the SmartArtUK Content.

3. SMARTART UK LTD TRADEMARKS

3.1 For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by SmartArtUK.

3.2 Nothing contained herein grants or shall be construed to grant you any rights to use any SmartArtUK Trademark, unless expressly conferred by these Terms of Use.

3.3 You agree that you will not use SmartArtUK's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or SmartArtUK.

3.4 You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of SmartArtUK Trademarks or the Trademark rights claimed by SmartArtUK.

3.5 You agree that you will not use any SmartArtUK Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

3.6 You may not at any time, adopt or use, without SmartArtUK's prior written consent any word or mark which is similar to or likely to be confused with SmartArtUK's Trademarks.

3.7 The look and feel of the SmartArtUK website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of SmartArtUK and may not be copied, imitated or used, in whole or in part, without the prior written consent of SmartArtUK.

3.8 All other trademarks, product names, and company names or logos used or appearing on the SmartArtUK website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SmartArtUK, unless expressly so stated.

3.9 You may not use a SmartArtUK trademark, logo, Image or other proprietary graphic of SmartArtUK to link to the SmartArtUK website without the prior written consent of SmartArtUK.

3.10 You may not frame or hotlink to the SmartArtUK website or any Image without the prior written consent of SmartArtUK.

4. INFORMATION YOU PROVIDE

4.1 SmartArtUK (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to SmartArtUK subject to your agreement with the applicable third-party platform. SmartArtUK’s collection and use of all such information shall at all times conform to this Terms of Use, the SmartArtUK Privacy Policy, and applicable law.

4.2 SmartArtUK will use and protect your personal information, such as your name and address, in accordance with the SmartArtUK Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

5. YOUR CONTENT

5.1 For any image, footage, text, audio, or any other content that you upload or post to the Site (“Your Content”), you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site and grant the licenses set forth herein; (ii) SmartArtUK will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.

5.2 By uploading Your Content, you grant SmartArtUK a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.

5.3 You may not upload, post, or transmit any video, image, text, audio recording, or other content that:

  • • Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
  • • Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
  • • Exploits minors;
  • • Depicts unlawful or violent acts;
  • • Depicts animal cruelty or violence towards animals;
  • • Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
  • • Violates any law, statute, or regulation.

5.4 You may not use any SmartArtUK Content for any purpose without first obtaining a license to use such SmartArtUK Content. Any use of SmartArtUK Content by you shall be governed by the applicable license agreement separately entered into between you and SmartArtUK. Displaying and/or distributing to the public any watermarked or unlicensed SmartArtUK Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.

5.5 Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

5.6 By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

5.7 You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

6. DOWNLOADING CONTENT

6.1 If you download any content from SmartArt UK Ltd with which ever account you are registered with either a Buyer or Seller you will be able to obtain this content i.e. images only if the corresponding user has marked them for sale or free download. As a buyer or Seller, you will be able to purchase and download any image marked for free or for sale (at that price). As long as you are happy to pay the price. Both Accounts are buying accounts but only sellers can sell Art.

6.2 All content downloaded from SmartArt UK Ltd from another user is strictly not for re-sale or commercial use. It is only for personal use i.e. for non-commercial use only. This includes distribution of any kind. You cannot mass distribute downloaded images. All intellectual property rights remain with the seller and these cannot be infringed on please see the Copyright section later in this document (11.)

6.3 As Buyer - you are allowed to register on the site and download any image or artwork that has been marked by the seller as free or purchase any artwork at the set price of the seller. There is no membership fee and you are allowed to download as many images as you like that have been marked for free to download or purchase any as well as being able to communicate with the seller, other users and set up your profile. You cannot however sell any artwork your account is simply for buying.

6.4 As a Seller – you are allowed to register on the site and sell your art work and imagery both for free and at a price you determine when you mark your artwork for sale (so this can be either free or an actual amount in GBP pounds ‘£’). Registration is also free. As a seller you are entitled to sell as many artworks as you like at any price you want to sell it at (determined by you) – there is no cap. You can sell as many images as you like for either free or at a price.You will also be able to set up your own public profile and communicate with other artists, buyers and sellers. You will also be able to buy art form other sellers both marked as free or for sale as long as you want to buy the art for the price stated by the seller. This account thus is both a buying and selling account.

6.5 If you wish to use imagery for commercial use – please contact the seller directly and obtain written permission or/as well as a license to use his or her artwork in the means you wish to use the image or images for. Any infringement on this could hold you liable and this permission is only at the sellers/user’s digression i.e. it is up to them to permit the use for which you are intending. SmartArt UK Ltd does not endorse these permissions nor can be held liable for any infringements on the artwork or any obtained licenses. Sellers are entitled to give digression only if they want to see their artwork used in the fashion you intend – it is up to them.

7. PURCHASES

7.1 You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.

7.2 If you wish to purchase any product, content or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

7.3 You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that SmartArtUK is not responsible for any loss or damage arising from the submission of false or inaccurate information.

7.4 By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

8. AVAILABILITY, ERRORS AND INACCURACIES

8.1 We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.

8.2 We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.

9. CONTESTS. SWEEPSTAKES AND PROMOTIONS

9.2 Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. The terms and conditions of any other "Promotions" are independent of this agreement.

10. ACCOUNTS

10.1 When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

10.2 You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

10.3 You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

10.4 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

11. COPYRIGHT POLICY

11.1 We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.

11.2 If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of art@SmartArtUk.com and include in your notice a detailed description of the alleged Infringement.

11.3 In cases where there are conflicting claims to the ownership of Copyright, it is our policy to air on the side of removing materials from our Service. Complaints under the Copyrights, Designs and Patents Act 1988, and European Commerce Directive 2000

11.4 If you wish to make a complaint/request that certain material be taken down, please send a request in writing to our Notice and Takedown Officer.

11.5 We, SmartArtUK, are committed to ensuring that the material displayed on our Service is lawful and in accordance with our UK and EU Copyright Law. To help us deal with your complaint as quickly as possible, please include the following information in your correspondence and mark it as "URGENT":

  • • Your contact details - including your name, email address and daytime telephone number.
  • • Identify the material in question - please include sufficient detail to enable us to identify the material complained of.
  • • The reasons for your objection.

We will review each objection on its merits and pending our inquiries, may remove or disable access to the relevant material from our Service. Where appropriate, you should include information relating to the status of the material in question (i.e. Where you hold a Trademark or own the Copyright to an image). This will enable us to deal with your request promptly. You can contact our Notice and Takedown Officer via email at art@SmartArtUK.com.

12. LIMITATIONS

12.1 You agree that you shall not:

  • • Engage in any conduct that shall constitute a violation of any law or that infringes the rights of SmartArtUK or any third party.
  • • Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
  • • Violate the rights of SmartArtUK or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

13. RESTRICTION AND TERMINATION OF USE

13.1 SmartArtUK may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or SmartArtUK Content at any time in SmartArtUK's discretion, without prior notice or liability to you. Any conduct by you that, in SmartArtUK’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.

14. LINKS TO THIRD PARTY SITES

14.1 In the event that the Site is available through any third-party platform, or if SmartArtUK provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that SmartArtUK makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of SmartArtUK, and SmartArtUK provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by SmartArtUK.

15. WARRANTIES AND DISCLAIMERS

15.1 Your use of the Site is at your own risk. The Site is provided by SmartArtUK under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. SmartArtUK expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, SmartArtUK makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. SmartArtUK makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that SmartArtUK will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.

16. INDEMNIFICATION

16.1 You agree to defend, indemnify and hold harmless SmartArtUK, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the SmartArtUK Content, or your violation of any rights of another.

17. LIMITATION OF LIABILITY

17.1 In no event shall SmartArtUK, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

18. EXCLUSIONS

18.1 Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will SmartArtUK ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by SmartArtUK or any person for whom SmartArtUK is responsible, and even if SmartArtUK has been advised of the possibility of such loss or damage being incurred.

19. GOVERNING LAW

19.1 These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. 19.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

20. CHANGES

20.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. 20.2 By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

21. PRIVACY POLICY AND COOKIE POLICY

21.1 Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

22. CONTACT US

22.1 If you have any questions about these Terms, please contact us at art@SmartArtUk.com.

1) SmartArt offers no refunds on purchase of Art – if there is an issue with the Art you have purchased please contact the seller directly with their email address on their profile page under About – Contact Details.

2) For any purchase 5% of the sale goes to SmartArt and the rest goes all to the seller minus PayPal’s commission. This 5% is not refundable and is part of the service of using SmartArt to showcase and sell your Art.

3) If you have any questions about payments or wish communicate anything about purchase or a particular seller or buyer please feel free to contact us anytime at our contact page or directly by our email address here - contact@SmartArtUk.com.

SmartArt’s Acceptable Use Policy is the same as PayPal’s as they are our payment gateway provider

– please find a link to this below:

https://www.paypal.com/en/webapps/mpp/ua/acceptableuse-full

If you have any questions in regards to this policy or acceptable usage on SmartArt again please feel to contact us any time at our contact page or directly by our email address here - contact@SmartArtUk.com.

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