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Terms and Conditions

PHOTOGRAPHER TERMS AND CONDITIONS

Artissimo CV, a persekutuan komanditer, incorporated under the laws of the Republic of Indonesia, with a registered office located at I, Petitenget n° 1, Br. Taman, Kerobokan, Kuta Utara, 80361 Bali, Indonesia (« Artissimo ») provides its service to you, subject to the following terms and conditions (the "Terms and Conditions"), stating the terms that govern your participation as a registered photographer (a "Photographer"). Please read the Terms and Conditions before pressing the « agree » button. By pressing « agree », you are agreeing to be bound by the Terms and Conditions. If you do not agree to any provision of the Terms and Conditions, press « cancel » to cancel your registration.

For the purposes of this Agreement, "Work" means all the copyrightable works owns and/or created by a Photographer described as photos uploaded by the Photographer on the website [www.artissimo-photogal.com] (the "Site").

1. Your undertakings as a Photographer

You certify to Artissimo and agree that:


(a) you are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries) and have the right and authority to enter into the Terms and Conditions on your own behalf, or if you are entering into the Terms and Conditions on behalf of your company, organization or educational institution, that you have the right and authority to legally bind your company, organization or educational institution to the terms and obligations of the Terms and Conditions;


(b) you will comply with the terms of and fulfill your obligations under the Terms and Conditions;

(c) you will not act in any manner which conflicts or interferes with any existing commitment or obligation you may have and no agreement previously entered into by you will interfere with your performance of your obligations under the Terms and Conditions;

(d) you will not intentionally or unintentionally violate any applicable local, state, national and/or international law, and/or any regulations having the force of law

(e) you are the sole and exclusive owner of the Work;

(f) you will provide Artissimo with the computer file of the Work (in high resolution 300 dpi and at the size enabling the printing of the Work sold by Artissimo, being provided that you shall indicate the maximum size of the Work when the Work is uploaded on the Site) at first request of Artissimo within a 72-hour period as from such request;

(g) You understand that the Work is uploaded on the Site under your sole responsibility. This means that you, and not Artissimo, are entirely responsible for all the Work that you upload.. Artissimo does not control the Work posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Work. Under no circumstances will Artissimo be liable in any way for any Work, including, but not limited to, for any loss or damage of any kind incurred as a result of the use of any uploaded.

(h) You will not upload any Work that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, blasphemous or sacrilegious against any religion, hateful, or racially, ethnically or otherwise objectionable;

(i) You will not upload any Work that harms minors in any way;

(j) You will not upload any Work that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(k) You will not upload any Work that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(l) You will not sell directly any Work to any customer who would have contacted you trough the Site independent of the Site.

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(m) You acknowledge and agree that Artissimo, in its sole discretion, may preserve the Work and may also disclose the Work if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions ; (c) respond to claims that any Work violates the rights of third-parties; and/or (d) protect the rights, property, or personal safety of Artissimo, its users and the public.

(n) Recognizing the global nature of the Internet, you agree to comply with all national and international rules regarding online conduct and acceptable Work. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

Artissimo and its designees shall have the right in its sole discretion to refuse or move any Work that is available via the Service. Without limiting the foregoing, Artissimo and its designees shall have the right, in its sole discretion, to remove any Work that violates the Terms and Conditions or is otherwise objectionable pursuant to Section 1 of the Terms and Conditions.

2. Relationship with Artissimo

You understand and agree that by becoming a Photographer, no legal partnership or agency relationship is created between you and Artissimo. Neither you nor Artissimo is a partner, an agent or has any authority to bind the other. You agree no to represent otherwise

These Terms and Conditions are void where prohibited by law and the right to become a Photographer is not granted in such jurisdictions. Unless otherwise agreed or permitted by Artissimo, you cannot share or transfer any benefits you receive from Artissimo in connection with being a Photographer.

3. Description of the Site

Artissimo currently provides the Photographer the opportunity to upload on the Site the photos the Photographer is the owner or has created. The Work shall be subject to approval of Artissimo prior to being made available to customers, being provided that Artissimo may refuse to grant its approval at its sole discretion.

4. Registration to the Site

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself and your Paypal account, from time to time.

account, from time to time, as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

You will create a password and account designation to login as a Photographer on the Site upon completing the Site's registration process. Such account designation and password cannot be shared in any way or with any one. You are solely responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Artissimo of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Artissimo shall not be held liable or otherwise responsible for any loss or damage arising from your failure to comply with this Section 4.

Notwithstanding the foregoing restrictions in this Section 4, if you are the parent or legal guardian of individuals between the ages of 13 and the legal age of majority in the jurisdiction in which you reside, you may allow such individuals to share your account designation and password for their use solely under your supervision and only in accordance with the Terms and Conditions. You are responsible for such individuals' compliance with and violations of the Terms and Conditions.

5. Grant of license

You hereby grant to Artissimo, in accordance with the Terms and Conditions, a non-exclusive, transferrable license to use the Work in the course of its business and to otherwise copy, market, promote, advertise and sell the Work, and for no other purpose. Further, Artissimo may use the Work in conjunction with the Site for the promotion, market, advertising and sale of the Work as described herein, and may also market, promote, advertise or sell internationally without your written permission.

Artissimo shall grant sub-licenses without the prior written approval of the Photographer.

Artissimo hereby accepts such license and agrees that Artissimo shall not use the Work except in accordance with the Terms and Conditions. Artissimo acknowledges and agrees that the license granted herein is non-exclusive and that you may license others to use the Work subject to any limitations set forth here- in.

6. Fees

6.1 Retail buyers

In the event that the buyer of the Work (the "Buyer") is an individual, throughout the term of the Terms and Conditions, Artissimo agrees to pay you a royalty of fifteen percent (15%) of Gross Sales.

For the purposes of the Terms and Conditions, Gross Sales mean incomes actually received from the sale or other disposition of the Work less the cash discounts granted by Artissimo to the extent that (a) the contemplated sale or disposition of the Work is greater than USD [·] ($ [·]) and (b) you have granted your consent to such cash discounts within a 72-hour period starting from the notice by Artissimo advising you of the contemplated cash discount.

All remaining royalties are to be paid within [thirty (30)] days of each quarter ending in the months of March, June, September and December.

Failure of Artissimo to make any payment required under the Terms and Conditions when such payment is due, shall, at your option, terminate the Terms and Conditions. You will provide notice to Artissimo of termination of the Terms and Conditions for failure to make a required payment, within thirty (30) days from the due date of the payment.

All payments by Artissimo to you under the Terms and Conditions must be in US dollars and made either via www.paypal.com, from time to time, or by way of a wire transfer on the bank account the details of which you have indicated on your account designation, at the time of the registration process or later. Artissimo will charge you any amounts in connection with any wire transfer, from time to time.

6.2 Corporate buyers

In the event that the Buyer is a legal entity, duly incorporated in any jurisdiction, Artissimo irrevocably undertakes not to sell the Work without your prior consent and consequently shall advise you prior to selling the Work. Such notice shall notably contain a proposition of royalties to be paid to you by Artissimo. You shall not justify the refusal of the sale of the Work by Artissimo.

The royalties to be paid to you by Artissimo, and the terms and conditions of such payments, shall be further discussed between the parties.

7. Undertakings of Artissimo

Upon execution of the Terms and Conditions, and except for resizing for printing, Artissimo may not make any change or modification to the Work without your prior consent.

Upon termination of the Terms and Conditions for any reason, Artissimo shall be entitled to sell, distribute, or otherwise dispose of any existing stock of the Work while stock lasts. Such disposition shall be subject to the Terms and Conditions, including, but not limited to, the payment of royalties as set out in Section 6.

Artissimo further agrees that it will not claim ownership rights to the Work, or any derivative, compilation, sequel or series, or related Work owned by or used by you. Artissimo agrees that nothing in the Terms and Conditions shall give Artissimo any right, title, or interest in the Work other than the rights granted in accordance with the Terms and Conditions.

8. No warranties

Artissimo and its affiliates, subsidiaries, officers, employees, agents, partners, and licensors (collectively referred to as "Artissimo" for the purposes of Section 8) do not promise that the Site, content and services (collectively referred to as the "Service" for the purposes of Section 8) will be accurate, timely, secure, error-free or uninterrupted, or that any defects will be corrected. The Service is provided on a "as is" and "as available" basis and the Service is subject to change without notice. Artissimo cannot ensure that any content (including files, information, or other data) you access from the Service will be free of viruses, contamination or destructive features. Further, Artissimo does not guarantee any results or identification or correction of problems as part of the Service and Artissimo disclaims any liability thereto.

Artissimo disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Service, including, but not limited to, any infringement of the Work by a third party. You assume total responsibility and all risks for your use of the Service and for any error or inaccuracy in the Registration Data. Your sole remedy against Artissimo for dissatisfaction with the Service is stop using the Service. This limitation of relief is a part of the bargain between you and Artissimo.

9. Termination

You agree that Artissimo, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Work within the Site, for any reason, in its sole discretion, including, without limitation, for lack of use or if Artissimo believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions.

Artissimo may also in its sole and absolute discretion and at any time discontinue providing the Site, or any part thereof, with or without prior notice. You agree that any termination of your access to the Site under any provision of the Terms and Conditions may be effected without prior notice, and acknowledge and agree that Artissimo may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Artissimo shall not be liable or otherwise responsible to you or any third-party for any termination of your access to the Site.

10. Assignment

Your rights and obligations under the Terms and Conditions may not be assigned and/or delegated, in whole or in part, by you without Artissimo's express prior written consent and any attempted assignment without such consent will be null and void.

Artissimo shall have the right to assign its rights and obligations under the Terms and Conditions without your prior consent.

11. General legal terms

11.1 Privacy policy

Registration Data and certain other information about you are subject to our Privacy Policy. For more information, you may view our full privacy policy at http://artissimo-photogal.com/privacy-policy

11.2 Notices.

Any notices relating to the Terms and Conditions shall be in writing. Notices will be deemed given by Artissimo when sent to you at the email address or mailing address you provided during the sign-up process. All notices to Artissimo relating to the Terms and Conditions will be deemed given (a) when delivered personally, (b) three business days after having been sent by commercial overnight carrier with written proof of delivery, to this address: I, Petitenget n° 1, Br. Taman, Kerobokan, Kuta Utara, 80361 Bali, Indonesia.

You consent to receive notices by email and agree that any such notices that Artissimo sends you electronically will satisfy any legal communication requirements. A party may change its email or mailing address by giving the other written notice as described above.

11.3 Severability.

If a court of competent jurisdiction finds any Section or sub-section of the Terms and Conditions to be unenforceable for any reason, that Section or sub- section shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Terms and Conditions shall continue in full force and effect. However, if applicable law prohibits or restricts you from fully and specifically complying with the Terms and Conditions, or prevents the enforceability of any of the Sections or sub-sections of the Terms and Conditions, the Terms and Conditions will immediately terminate and you must immediately discontinue any use of the Site.

11.4 Waiver and Construction.

Failure by Artissimo to enforce any provision of the Terms and Conditions shall not be deemed a waiver of future enforcement of that or any other provision. Any laws or regulations that provide that the language of a contract will be construed against the drafter will not apply to the Terms and Conditions. Section headings are for convenience only and are not to be considered in construing or interpreting the Terms and Conditions.

11.5 Dispute Resolution; Governing Law.

The Terms and Conditions, their validity, construction and effect, will be governed by the laws of the Republic of Indonesia, excluding its conflict of laws rules. Artissimo and you consent to jurisdiction by a competent court in Indonesia.

11.6 Entire agreement; Governing Language.

The Terms and Conditions constitute the entire agreement between the parties as to the subject matter hereof.

The Terms and Conditions may be updated by Artissimo, in our sole and absolute discretion, from time to time with or without prior notice to you.

Any translation of the Terms and Conditions is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern.

I agree to the Artissimo terms and conditions. You must agree to continue the registration.