the complete tool for curating, managing and marketing art exhibitions online

LEGAL

How “exhibbit” works.

 

1. Exhibbit Trading Limited trading as “exhibbit” (“we/our”) provides galleries and artists with virtual exhibition spaces.

 

2. The artist or gallery (“you/your”) opens an account in their name to access our services. Opening the account is free.

 

3. “exhibbit” then provides you with an online place to create exhibitions and to showcase your artworks, on the exhibbit website and/or on any other site of your choice.

 

4. You retain ownership of all your intellectual property rights in your artworks. The only intellectual property right we are given in your artworks is a non-exclusive licence to display them in the exhibition(s) on our website and to use and/or refer to them in our promotional material.

 

5. You may opt out of giving us the right to use and/or refer to your artworks/ exhibitions both on our website and/or in our promotional materials in both hardcopy and electronic form by checking the “don’t list” box in your user account.

 

6. “exhibbit” retains ownership, control and the right to use and provide their website and all content on it (including all digital imagery, photographs, text, articles, audio, video and animation files.) The copyright and any other intellectual property rights in any material we provide remain our property. Provided you comply with these terms of use you may electronically reproduce the content of your exhibitions created from our website, and display or distribute the content of those exhibitions to whom ever you choose.

 

Your responsibilities

 

1. It is your responsibility to ensure that your use of “exhibbit” complies with these Terms of Use and is consistent with all applicable New Zealand and international laws and regulations.

 

2. In particular, you must not submit to “exhibbit” any material that:

 

Infringes any copyright, trade mark or other intellectual property right. It is very important that artworks submitted to and displayed on “exhibbit” must be your own original works, or works that you have the express permission of the creator/owner to display on “exhibbit”. Is defamatory. Is obscene, pornographic or legally offensive.

 

3. You must not use or link to the “exhibbit” website, or use an “exhibbit” created exhibition on your own website, in a way that breaches New Zealand’s anti-spam legislation, the Unsolicited Electronic Messages Act 2007. You can read about the requirements of this legislation on the New Zealand Department of Internal Affairs’ www.antispam.govt.nz website.

 

4. You agree to keep us indemnified against any claims, losses, liabilities and expenses (including legal expenses) resulting from your breach of these Terms of Use. This includes (without limitation) claims for copyright or other forms of intellectual property infringement in the event you have submitted an artwork that you did not have the right to submit to (or keep displayed on) “exhibbit”.

 

5. “exhibbit” is the trade mark of Exhibbit Trading Limited. The “exhibbit” logo and trade mark notice must be displayed on all exhibitions created using “exhibbit” whatever medium the exhibition (or image from it) is shown in. The “exhibbit” logo must be displayed in the bottom right hand corner at the same relative size as it is displayed when publishing an exhibition.

 

My “exhibbit” accounts

 

1. Once you have opened an “exhibbit” account, access to it is by your designated email address and password. You may change your password at any time.

 

2. You will be liable for all activities conducted through your account whether or not authorised by you, until we are notified of the unauthorised use and have been able to block it.

 

3. If we have reason to believe that there is likely to be a breach of security or misuse of the website, we may suspend your account and/or access to the website without notice.

 

Our Responsibilities

 

1. We will provide access to the “exhibbit” website and use reasonable endeavours to ensure it operates reliably and consistently. However we do not guarantee that it will operate continuously or be fault-free. To the extent permitted by New Zealand law, we exclude all warranties, terms and conditions (for example, warranties and conditions as to fitness or purpose and merchantability) whether express or implied by statute, common law or otherwise.

 

2. If you are acquiring or holding yourself out as acquiring our services for business purposes, the Consumer Guarantees Act 1993 (New Zealand) will not apply.

 

3. We are not responsible or liable to you for any loss, damage or injury suffered by you arising out of or connected with the performance or non-performance of our agreement, including by reason of any interruption of the website, suspension or termination of your access to the website, cancellation of your account. Any liability we do have to you will be limited to the amount you have paid over the most recent twelve month period on your “exhibbit” account.

 

4. There will be times when we need to temporarily suspend or restrict access to the website so we can carry out maintenance and development work. We will try to make sure we give you advance notice of these suspensions.

 

5. Either you or we may terminate this agreement by giving the other 14 days written notice. As well, we may terminate the agreement immediately by written notice if you have committed a material breach of these Terms of Use which cannot be remedied or which you have failed to remedy, or on commencement of any insolvency or liquidation or receivership process against you.

 

6. It is your responsibility to keep us informed of all changes in your contact details. Any notices we send you will be to your most recently advised contact address.

 

We may change these Terms of Use from time to time and the changes will be effective from the time they are published on our website.

Jurisdiction

 

1. Our agreement will be governed by New Zealand law and you and we both submit to the exclusive jurisdiction of the New Zealand courts.

 

Privacy Policy

 

This privacy statement covers all aspects of the “exhibbit” website, please read it carefully.

 

Information collection

 

“exhibbit” takes all necessary precautions to ensure that the personal information of our users, including credit card information, is kept confidential. Your credit card information is protected during transmission over the internet by encryption using Secure Sockets Layer (SSL) prototcol. Such credit card information is not held by us but may be held by Direct Payment Solutions (DPS).

 

Log files

 

Like many standard website servers, we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP),referring/exit pages, platform type, date/time stamp, and number of clicks. We use this information to analyze trends, administer the site, track users' movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. We may use a tracking utility that uses log files to analyze user movement.

 

Legal disclaimer

 

Though we make every effort to preserve user privacy, “exhibbit” may need to disclose personal information when required by law where we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on “exhibbit”.

 

Business transitions

 

In the event “exhibbit” goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, users' personal information will, in most instances, be part of the assets transferred.

 

Notification of changes

 

Whenever “exhibbit” changes its privacy policy, we will post those changes here, and other places we think appropriate so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

 

Links

 

Our website contains links to other sites. Please be aware that “exhibbit” is not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by “exhibbit”.

 

Contact information

 

If you have any questions or suggestions about our privacy policy, please contact info@exhibbit.com

 

Goods and services offered

 

“exhibbit” provides you with an online place to create exhibitions and to showcase your artworks, on the “exhibbit” website and/or on any other site of your choice.

 

“exhibbit” also provides:

 

1. Integration of “exhibbit” exhibitions onto an existing website.

 

2. Return/ Refund policy

The “exhibbit” Exhibition creator allows the creation and viewing of an exhibition with full functionality except publishing to the world wide web. The act of publishing an exhibition is confirmation of acceptance of what has been viewed in the preview mode, and it is therefore not our policy to refund any exhibiton fees. However if anyone is unsatisfied with their exhibition we are happy to discuss this.

 

Please contact customer services: info@exhibbit.com.