These are the general terms and conditions of New Master Artist (the "Terms"), which are applicable to the Services of New Master Artist. By using this Website - accessible via www.newmasterartist.com or via other means in any way whatsoever - you accept to being bound to these Terms. This also means that you guarantee that someone who is using the Services of New Master Artist on your computer or via your account will also comply with these Terms.

Please note that New Master Artist is allowed to amend these Terms at any time without notifying the users. The most current Terms can be viewed on the Website of New Master Artist. If you continue the use of the Services of New Master Artist after one or more amendments to the Terms, this will imply that you accept this (these) amendment(s) irrevocably. New Master Artist therefore advises you to review these Terms regularly.

New Master Artist strives to word its Terms as clearly as possible. If you still have any questions about the Services of New Master Artist, please send an e-mail to backoffice@newmasterartist.com.

1        Definitions

1.1    Artist: a natural person being at least 18 years of age, being a hobbyist, an amateur, a professional artist, who is registered by means of an account at New Master Artist and who uses the Services of New Master Artist. Only one account per person is allowed;

1.2    Artwork: a work of art, being physical actual art (including but not limited to a painting, drawing, photo, sculpture, jewellery, objects, applied art, installation, glass, pottery, watercolour, carving, print, mixed media, collage, poster, frame, ceramic, shoes, textile or design), made exclusively by the Artist himself or in collaboration with others, owned by the Artist (including all intellectual property rights) and uploaded to the Website by the Artist;

1.3    Competition: a Competition is organized by an Organizer, with New Master Artist providing a platform, with objective to help the Organizer find art or talent;

1.4    Organizer: A User that organizes a Competition and has the permission of New Master Artist;

1.5    Expert: a natural person being at least 18 years of age, registered by means of an account at New Master Artist, and by discretion of New Master Artist approved as an Expert. An Expert may also function as an Artist in which case the Expert expressly accepts the Special Terms covering the Artist. Only one account per person is allowed;

1.6    New Master Artist: trade name of NewMasterArtist.com N.V. New Master Artist is registered at the Chamber of Commerce of Amsterdam under number 343.84.352 and has its registered office and is maintaining its place of business at Keizersgracht 762, (1017 EZ) Amsterdam, the Netherlands. New Master Artist is also taken to mean legal successors and companies affiliated with New Master Artist that declared that these Terms apply. New Master Artist is an independent company;

1.7    Rating: the opinion of the Expert regarding the quality of the Artwork, in the form of a grading on the scale of 1-5 and/or a monetary valuation of the Artwork and/or (written or video) comments;

1.8    Services: the services provided by New Master Artist to the User;

1.9    Special Terms: the additional terms applicable to Artists and/or Experts;

1.10  User: any visitor to the Website and any (natural or legal) person using the Services of New Master Artist, therefore including the Artist and/or the Expert.

1.11    Visitor: a natural person being at least 18 years of age, registered by means of an account at New Master Artist and who uses the Services of New Master Artist. Only one account per person is allowed;

1.12  Website: the website(s) of New Master Artist, accessible via www.newmasterartist.com or via other Url’s of New Master Artist.

 

2        Applicability

2.1    These Terms are applicable to all Services of New Master Artist and to all Users (therefore including Artists, Experts and any visitor to the Website). By using the Website the User accepts being bound to these Terms.

2.2    In addition, the Special Terms referred to below shall apply to Artists and Experts. Even though these Special Terms only apply to Users falling under the definition of Artist and/or Expert, each User declares to be aware of these Special Terms and the User shall in no way object to the fact that New Master Artist applies these Special Terms.

2.3    The applicability of any general or special conditions of the User, including any condition to be used by the Artist and/or the Expert are hereby expressly excluded.

 

3        Services of New Master Artist

3.1    The Artist and Expert understand that their Artwork(s), profiles and Rating(s) may form part of Competitions. The Artist may receive an invitation for participation in a Competition.  The organizer may set its own jury, prizes and rules, Organizers may apply to start competitions and set their own jury, rules and prizes:

• The role of New Master Artist for Competitions is solely to create a platform where Artists and Organizer can find each other. New Master Artist is not involved in or liable for subsequent transactions or correspondence between Organizer & Artists;
• New Master Artist is not liable for the rules or prizes offered by the Organizer. Users understand that no rights or claims can be derived from winning or participating in any competition, and it is to the discretion of the organizer to select winners or to award winners;
• New Master Artist is not liable for any information provided by participating Artists. Users understand that no rights or claims can be derived from that information;
• Users agree that New Master Artist may send emails to participating Artists, jury members or Organizers for the purpose of the services, or to any voter for the promotion of services of New Master Artist or of the Organizer;
• New Master Artist may approve, disapprove, change or un-publish a Competition at any time at the full discretion of New Master Artist;
• Users understand that Organizers have full discretion in how and when to vote, in disqualifying artworks or in selecting or deselecting winners. Organizers do not need to justify their actions;
• If New Master Artist judges that it is evident that votes are erratic, unlawful or fraudulous, New Master Artist may remove them. This is especially the case for Competitions where the public can vote;
• Artists understand and agree that they can submit or withdraw their artworks until the deadline date of the Competition. When they win a competition, the artwork cannot be deleted anymore and they grant the right to the organiser to use the Artwork image for the purposes as stated in the specific competition details if that was the case;
• Users understand and agree that a copy of artworks participating in Competitions may be saved and possibly published on the website (or any media from New Master Artists or other);
• To be eligible to collect prizes as Artist, you may be asked (by New Master Artist or the Organizer of the competition) to provide details to confirm your identity and your copyrights on the artwork.

3.2    The use of the Services of New Master Artist is free of charge. New Master Artist retains the right to convert at any time its current Services to (partially) paid Services or to add new paid Services. New Master Artist will inform the interested parties in time.

3.3    New Master Artist has developed an online platform on the Website for:

• Artists who, having uploaded their Artwork(s) on the Website, may ask Experts for a Rating of their Artwork, can show their Artwork(s) on the Website to all Users and can maintain a public profile page on the Website;
• Experts who are offered the opportunity of expressing their opinion in the form of a Rating of Artwork(s) and who can maintain a public profile page on the Website;
• Other Users who can visit the Artworks uploaded to the platform.

 

4        Use of the Services

4.1    Every User guarantees to New Master Artist that he is entitled to make use of the Services and the Website and to act in accordance with these Terms. The User also guarantees that he shall at all times perform the obligations under these Terms and that he will observe all laws and regulations governing the use of the Website.

4.2    Without prejudice to the other clauses in these Terms, including the Special Terms, the activities the User carries out within the scope of New Master Artist may not:

a)             be based on lies and/or be misleading;

b)            infringe the rights of New Master Artist or third parties (such as other artists), including author rights, copyrights, neighboring rights, trademark rights or any other intellectual property rights or rights relating to the protection of privacy;

c)             infringe any law, regulation or any other applicable regulations;

d)            contain viruses, Trojan horses, worms, bots or other programs that may damage, render useless or make inaccessible, delete or appropriate any automated work or data or that are meant to evade the Website’s technical protective measures and/or the computer systems of New Master Artist;

e)             in any other way be unlawful towards New Master Artist and/or a third party.

4.3    Without reasons being given and without prior explanation, New Master Artist is at all times entitled to - in addition to the other (legal) remedies - temporarily or permanently restrict, suspend or discontinue the activities of any User, to discontinue and/or remove an account, Artwork, Rating or profile of any User, to temporarily or permanently remove files, data and/or materials, to send out a warning and refuse to provide Services to any User, particularly, but not limited to, in the event that User acts contrary to these Terms and when New Master Artist holds the view that acts of User may inflict damage or create liability to User, to other Users, to New Master Artists or to any other third party, or if the content is against the law of any country or when the quality is not good enough based on New Master Artist judgment. New Master Artist will not have any liability whatsoever in this respect.

4.4    New Master Artist does not guarantee that its Services will be available at all times and without interruption or breakdowns. New Master Artist is not liable for any damage resulting from technical problems of the website (such as voting problems or server downtimes).

 

5        Special terms for the Artist

5.1    Each Artist who complies with the conditions set by New Master Artist has the right to create an account on the Website free of charge. New Master Artist at all times has the right to amend the conditions for participation and these Terms unilaterally, at its discretion, and to remove an account of the Artist.

5.2    After creating an account the Artist can place Artworks on the Website. Of each Artwork at least one picture must be uploaded to the Website and the mandatory fields have to be filled in. Additionally, the Artist can display a profile visible to all Users on the Website containing general information about his Artwork. A maximum can be set for the number of Artworks an Artist may upload.

5.3    New Master Artist will make every effort to obtain a Rating from the specific Expert(s) indicated by the Artist but New Master Artist is not under any obligation to actually obtain a Rating from the Expert in question or to have this Expert give a Rating. New Master Artist is in no way obliged to actually give a Rating to the Artist or to have a Rating given to the Artist and has no obligations towards the Artist. The Artist and/or Users can not derive any rights from the Rating as given by the Expert and provided by New Master Artist. The Artist shall not be entitled to make any claims regarding the Rating with New Master Artist and/or the Expert.

5.4    By placing/uploading the Artwork to the Website, the Artist gives New Master Artist irrevocable permission to make this Artwork available on the Website to all Experts and Users, for an indefinite period of time, whereby at some point the Rating(s) of the Expert(s) will be visible to Users. The Artwork and the profile of the Artist may at all times be removed from the Website by the Artist. However, the Artist acknowledges that it is in some cases impossible to remove data from the Artist or an Artwork from certain (data)carriers (e.g. printed catalogues, internet search engines and social media). New Master Artist will make every reasonable effort to no longer show the removed data.

5.5    The Artist guarantees that he owns the Artwork and that the Artwork has been made by the Artist himself or in collaboration with others. If the Artist owns the Artwork together with others or if the Artwork has been made in collaboration with others, the Artist guarantees that he has full permission of all other artists and/or right holders of the Artwork to post the Artwork on the site of New Master Artist under the conditions set forth in this document. The Artist guarantees that the Artwork is not protected by any (intellectual property) right of third parties and the Artist shall indemnify New Master Artist for all claims by third parties in this respect.

5.6    With due observance of these Terms, the Artist will keep his copyright to the Artwork placed on the Website and the Artwork will remain the property of the Artist. By uploading the Artwork, the Artist grants New Master Artist permission and the Artist grants New Master Artist an unencumbered, worldwide, sub licensable, non-exclusive licence, free of charge:

a)             to reproduce, distribute and publish the Artwork (including the information on the Website about the Artwork, the picture of the Artwork) and information about the Artist coming from the profile created by the Artist, in relation to the Services of New Master Artist; and

b)            to use, reproduce (and to allow third parties to use and reproduce) the Artwork (including the information placed on the Website about the Artwork and the picture of the Artwork) and information about the Artist from the profile created by the Artist, in any media, for marketing and/or promotion purposes relating to the Services of New Master Artist;

c)             to make the Artwork (including the information placed on the Website about the Artwork and the picture of the Artwork) and information about the Artist coming from the profile created by the Artist, available to the public outside the Website, in the broadest sense, to promote the Artwork and the Artist and New Master Artist.

            In all cases mentioned above New Master Artist will be allowed to use widgets, social networks, fora and blogs, tell-a-friend functions and collaborations with business partners like magazines, websites and media.

5.7    New Master Artist is at all times allowed to terminate the agreement to perform Services with immediate effect and without being liable for any compensation, and to remove the account of the Artist.

5.8    New Master Artist is in no way liable towards the Artist.

5.9    As appropriate, an Artist can also be an Expert. In such a case, the particular provisions of these General Terms and Conditions applying to an Expert shall also apply to an Artist.

 

6        Special terms for the Expert

6.1    Any Expert may submit a request to New Master Artist to rate Artworks as an Expert, by creating an account on the Website. The Expert can, free of charge, create a profile on the Website, visible for all Users. At all times, New Master Artist, at its discretion, has the right to amend the conditions for participation of the Expert and these Terms.

6.2    The Expert is responsible for the management of his profile and for the Ratings given and shall follow the etiquette for giving Ratings as indicated by New Master Artist on its Website.

6.3    A Rating and the profile of the Expert may at all times and without any reason given be removed by New Master Artist of the Website. However, the Expert acknowledges that it is in some cases impossible to remove data of the Expert from certain (data)carriers (e.g. printed catalogues, internet search engines and social media). New Master Artist will make every reasonable effort to no longer show the removed data.

6.4    Each Expert may only give one Rating per Artwork. There is no maximum or minimum number of Artworks the Expert may rate. The Expert does not have an obligation to give a Rating to New Master Artist and New Master Artist does not have an obligation to publish the Rating on the Website or to continue publishing the Rating on the Website.

6.5    New Master Artist or the Artist shall not pay the Expert any fee. Furthermore, the Expert is not allowed within the framework of the Services of New Master Artist to accept any fee, in whatever form, from the Artist, a User or a third party.

6.6    If applicable, the Expert is allowed to give a Rating of his own Artwork or to rate an Artwork made by an Artist with whom the Expert maintains a business relationship with and/or acts as representative of the Artist. However, in such case the Expert is obliged to mention its relationship with the Artist in the Rating (e.g. by stating: “I am writing this rating as the official gallery of this artist”).

6.7    The Ratings provided to New Master Artist by the Expert are revocable and can be changed or removed. By giving a Rating the Expert grants New Master Artist permission to make the Rating available on the Website for an indefinite period of time. In addition, by creating an account and giving a Rating, the Expert automatically grants New Master Artist permission and the Expert grants New Master Artist an unencumbered, worldwide, sub licensable, non-exclusive licence, free of charge:

a)             to reproduce, distribute and publish the (trade) name of the Expert (including the information placed on the Website and the profile of the Expert) and the Ratings given, in relation to the Services of New Master Artist. The Rating will be cited as follows: "[Rating] "[name Expert], NewMasterArtist.com; and

b)            to use, to reproduce (and to allow third parties to use and reproduce) in any media, for marketing and/or promotions purposes, the (trade) name of the Expert (including the information placed on the Website and the profile of the Expert) and the Ratings given, in relation to the Services of New Master Artist;

c)             to make available to the public, the (trade) name of the Expert (including the information placed on the Website and the profile of the Expert) and the Ratings given, to promote the Artwork, the Artist and New Master Artist in the broadest sense outside the Website.

            New Master Artist will, in any event, be allowed to use widgets, social networks, fora and blogs, tell-a-friend functions and collaborations with business partners like magazines, websites and media.

6.8    New Master Artist is at all times allowed to terminate the Agreement to perform Services with immediate effect and without being liable for any compensation, and to remove the account of the Expert. New Master Artist is in no way liable towards the Expert.

 

7        Privacy

7.1    New Master Artist processes personal data within the context of the Services offered by New Master Artist. New Master Artist processes these personal data in accordance with the Dutch Personal Data Protection Act and has registered with the Dutch Data Protection Authority (Under number m1433546).

7.2    The Privacy Policy available on the Website describes the conditions under which New Master Artist processes personal data. This Privacy Policy forms an integral part of these General Terms and Conditions. If the User agrees to these General Terms and Conditions, the User also agrees with the above-mentioned Privacy Policy.

 

8        Intellectual property

8.1    The content of the Website is subject to copyright protection. New Master Artist is holder of these rights with the exception of the Artwork(s) placed by the Artist(s). The Users are not allowed to reproduce and/or publish (parts of) the Website other than for the use described in the Terms, without prior written permission from New Master Artist.

8.2    Subject to these Terms, parties will not transfer any intellectual property rights and/or to grant any intellectual property rights.

8.3    The User will not perform any acts which infringe on the (intellectual property) rights of Artists, New Master Artist, Experts or third parties. The User acknowledges and accepts that any unauthorized use of files, data and materials vested with intellectual property rights, violates these Terms and applicable legislation including, but not limited to, the Dutch Copyright Act (Auteurswet).

8.4    New Master Artist has various trademark registrations. It is not allowed to use New Master Artist’s trademarks without its prior written permission.

 

9        Liability

9.1    The content of the Website has been created with the utmost care. However, New Master Artist cannot give any guarantees concerning the nature or the content of the information on this site. New Master Artist does not accept liability for damage resulting from an attributable failure in the performance of the Services, including but not limited to damage resulting or in connection with the use of the Website or an unlawful act or otherwise, insofar as permitted under mandatory law.

9.2    New Master Artist is not liable for the content of the information placed by Users, including the (content of the) Artworks and/or the Ratings, but will remove or at least render inaccessible any manifestly unlawful information, after receiving a report as referred to in article 10.

9.3    As all information placed by New Master Artist about the Artworks, Profiles and Ratings stems from third parties, New Master Artist does not give any guarantee regarding the accuracy of the Artworks or other notifications or regarding the quality, safety or legitimacy of what has been offered by the Artist. Also, no rights can be derived from the Ratings given on the Website.

9.4    To gain access to particular Services of New Master Artist it may be necessary for Users to create an account through the Website. The User is responsible for the accuracy and correctness of the submitted data. New Master Artist is not liable for damage as a result of incorrect provision of data by Users.

9.5    New Master Artist is not responsible or liable for the access to, or information about, any other website or service linked to the Website through one or more links, whether or not placed by New Master Artist or any User.

9.6    New Master Artist is not liable for any consequential damage including but not limited to financial loss, loss of turnover and profit, loss of data and immaterial damage, resulting from or in connection with the Services rendered by New Master Artist and/or your use of the Website. A prerequisite for the right to damages is that you will at all times report the damage to New Master Artist as soon as possible after suffering it. Any claim to damages against New Master Artist lapses 12 months after the claim arises. If New Master Artist, despite the limitation of liabilities in these Terms, will be liable, any liability will be limited to a maximum of EUR 500. The restrictions of liability do not mean that New Master Artist excludes any liability for damage or loss caused by an intentional act or omission or gross negligence by New Master Artist or by the New Master Artist's executive staff.

9.7    The limitation of liability recorded in this article is also to be regarded as a stipulation for the benefit of the Experts and third parties engaged by New Master Artist for the purpose of performing the Services, which parties may therefore directly invoke this limitation of liability. Therefore, it is a third-party clause as defined in Section 6:253 of the Dutch Civil Code and it is made for the benefit of any third party and Expert and for no consideration. The User cannot repudiate this third-party clause.

 

10      Notification of infringements

10.1  In case a User sees possible (aspects of) inappropriate Artwork (e.g. any acts which infringe on the (intellectual property) rights of other Users or third parties/ discrimination/ copyright violations/ child porn, racism etc.) or any other infringement(s) on rights of third parties by Users of unlawful information and/or information liable to punishment, information contrary to public morality or otherwise hurtful or inappropriate data, he will immediately report this to New Master Artist by sending an email to abuse@newmasterartist.com, containing the request to remove this information or at least to make this information inaccessible or to take other measures against it.

10.2  This notice should: (i) include the URL from which the material that in your opinion infringes your rights can be found on the Website; (ii) include a statement that in your view your rights have been infringed upon and why; (iii) include contact details where New Master Artist can contact you, such as your name, address, telephone number and email address; (iv) include a statement supported by documentary evidence that the information in your notice is accurate and complete and – where it concerns the infringement of intellectual property rights - that you are the owner of the respective intellectual property rights; (v) be signed by the owner of the intellectual property rights or the person who is demonstrably authorized to act on behalf of the owner; (vi) where it concerns the infringement of intellectual property rights, include a description of the Artwork(s) which in your view have been infringed upon with a specification of precisely what the infringement is.

10.3  New Master Artist reserves the right to forward such notice to the person(s)/or company responsible for the content to which the notice refers.

10.4  If New Master Artist judges that it is evident from the notice that the content is manifestly unlawful, New Master Artist will remove it or make it inaccessible. New Master Artist reserves the right not to grant a request to remove or make inaccessible content if it has well-founded reasons to doubt the accuracy of the notice or the lawful nature of the evidence submitted or if the content to which the notice refers does not appear to be manifestly unlawful. Within that scope New Master Artist may for instance require a judicial decision of a competent court in the Netherlands, which decision demonstrates that the content concerned is manifestly unlawful.

10.5  By issuing a notice you indemnify New Master Artist and all affiliated companies as well as its board, board members, employees, representatives and legal successors against any claim of third parties with regard to removing or making inaccessible information. Such indemnification also covers the damage that New Master Artist suffers and the costs it incurs or will yet suffer or incur or the costs which New Master Artist has to incur in relation to such claim, including but not limited to reimbursing the costs of legal assistance.

10.6  New Master Artist will not in any way be a party to any dispute between the person having issued the notice and the User to which the notice refers.

 

11      General

11.1  These Terms include all the arrangements made by the parties in this connection. They replace all arrangements and agreements made previously which the parties have made or formed in this connection. Verbal statements, promises or arrangements have no legal effect unless they have been confirmed in writing.

11.2  If one or more provisions of these Terms are null and void or are annulled, the remaining provisions will remain in full force and effect.

11.3  These Terms are governed by Dutch law. Any and all disputes resulting from this agreement will exclusively be submitted to the competent courts in Amsterdam.

11.4  New Master Artist is allowed to amend these Terms at any time without notifying the users. The Terms have been filed at the Chamber of Commerce and Industry in Amsterdam under number 343.84.352, but may not be current. The most current Terms can be viewed on the Website.

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