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TERMS OF USE

The portal www.somodernart.com is a website where artists and other owners place offers to sell artworks that belong to them and where anyone can purchase the artwork on offer. Everyone interested in the opportunities offered by the Portal are bound to acquaint themselves with the provisions of the Terms of Use that determine the Portal’s operations, the interactions between the Portal Administrator and the User, theUsers via the Portal,as well as interactions with third parties whose rights may be affected by the Users utilizing the portal (hereinafter referred to as Rules, Terms of Use). Portal Users and Portal Administrator are required to follow these These Rules. To continue using the portal, Users are required to confirm their unconditional agreement with the provisions of these Rules.

Terms and Definitions

The terms and definitions are used solely with the purpose of ensuring consistent and accurate understanding of the Terms of Use. They have been italicized throughout the text. To interpret the terms and definitions in the Terms of Use, Users and Portal Administrator shall use the provisions of the present section of the Terms of Use as well as the definitions given throughout the text of the Terms of Use.

  • ● Portal Administrator, Agent: Agent: OOO “SOMA” (Individual Taxpayer Number 7801665320), which is the Portal’s developer and provides for technical, legal, organizational, and other support of the Portal for all users.
  • ● Portal: The website located at www.somodernart.com, which has been developed and is being maintained by the Portal Administrator with the purpose of ensuring the interaction between users during the sale of artworks;
  • ● User: A legal or physical entity using the Portal’s services;
  • ● Owner: The author of an artwork or any physical or legal entity who possesses exclusive rights for the artwork that have been obtained pursuant to legislation or agreement;
  • ● Artwork: an original or digital copy, including scanned copies, of a work of painted art, graphics, design, or other work of visual art or design process, a photograph and a work of art created by means similar to photography, a digital image, or other copyrighted item that the owner had submitted to the agent via the Internet with the purpose of selling, printing, and delivering it to buyers;
  • ● Buyer: the user who purchases the artwork from its owner through the portal.

1. GENERAL TERMS

1.1

Citizens of the Russian Federation and citizens of other countries who are of legal age may become buyers and purchase artworks.

Users who have not yet reached legal age may be represented by legal representatives (parents, guardians) to perform legal activities on the portal. Underage users may also present the Portal Administrator with confirmation of their emancipated status in accordance with the current legislation.

1.2

A User may act on behalf and instruction of other (principal) person provided that the following conditions have been met: (1) the Portal Administrator has been notified of this event; (2) the power of attorney has been issued in accordance with the current legislation of the Russian Federation; (3) the Portal Administrator has received a scanned copy of the duly executed documents confirming the representative’s power of attorney.

1.3

In addition to the present Rules and the terms of contracts signed by the User through the Portal, Buyers purchasing Artworks shall read the Data Protection and Privacy Policy and agree to its terms.

A User’s agreement is verified by checking the boxes next to the following statements: ‘I hereby confirm that I understand and agree completely to the terms of the User Agreement’, ‘I hereby confirm that I have read the Data Protection and Privacy Policy and agree completely to its terms’ and by pressing the I ACCEPT button on the purchase page.

If a User does not agree with the above-mentioned documents or any of their provisions, he/she is required to refrain from using the Portal.

1.4

Buyers are registered on the portal as of the conclusion of the purchase deal, which signifies their agreement of these Rules in accordance with Article 438 of the Civil Code of the Russian Federation.

The present Rules may be unilaterally altered and/or amended by the Portal Administrator without prior or following approval by the User. Changes to the Rules come into force at the time of publication of the new version of the Rules on the portal.

Should the User disagree with changes or amendments, they are required to stop using the portal. If a User continues to utilize the portal after the Rules have been changed and/or amended, they so indicate their complete and unnegotiable agreement with the changes and/or amendments.

1.5

Buyer registration on the portal is free of charge and takes the form of following the procedural steps described in the offer contract signed by the buyer. When asked to fill in data forms, Users must provide true and current information.

The completion of the full-length Buyer Registration algorithm is a necessary pre-requisite to gain access to artwork purchase.

1.6

The User is responsible for providing true, current, and complete information in accordance with the laws of the Russian Federation to the Portal Administration and publishing the above-mentioned information while using the portal. The User is also responsible for respecting the rights of third parties when placing such information.

1.7

The User accepts and agrees to bear responsibility for each interaction with the portal when using the e-mail given as contact e-mail. The User accepts and agrees that the Portal Administrator shall use electronic messages from their contact e-mail as sufficient and reliable proof that the User is interacting with the Portal in person.

If the User’s contact e-mail or the contact e-mail account password have become subject to unsanctioned third-party access, the User is required to notify the Portal Administrator of the event as soon as possible.

2. USER RESPONSIBILITIES DURING PORTAL USE

2.1

While using the Portal, the User is required to:

  • ● Obey the laws of the Russian Federation, these Rules and other documents related to portal operation signed by the User;
  • ● Avoid using unfriendly language or negative connotations while interacting with Portal Administration and other users on the portal as well as resolve disputes, first and foremost, in accordance with the rules of submitting and resolving complaints;
  • ● Never give access to the contact e-mail account to third parties, including other portal users, with the exception of cases when such access is admissible under the contract with the portal administration, if it is likely to lead to the violation of the laws of the Russian Federation, these Rules and other user-binding documents.
2.2

While using the Portal, the User is forbidden:

to act on behalf and at the expense of third parties in any way other than that described in Articles 1.1/1.2 of the Rules;

2.2.2

to use automated scripts to collect data on and/or interact with the Portal without prior authorization by the Portal Administrator, to use the Portal for illegal collection and processing of third-party personal data;

2.2.3

to perform actions that are intended to interrupt normal operation of the Portal, to use viral and Trojan software, as well as other malware on the Portal.

3. INTELLECTUAL PROPERTY RIGHTS

3.1

Exclusive rights to the artwork images and related information published on the portal.

3.1.1

All artworks, including their images published on the portal, are subject to exclusive rights of their owners, and/or Portal Administrator, and/or other owners. All rights reserved.

3.1.2

It is forbidden to reproduce, copy, collect, systematize, store, transmit, or use complete or partial images of artworks without prior consent of the Portal Administrator and/or their Owner unless the Owner provides a written consent to free use of the images by any person.

3.1.3

By placing the image of the legally owned artwork, its owner gives other users the right to view it on the portal via the portal’s functionality.

3.2

Liability for exclusive rights violation.

3.2.1

The owner is fully responsible for making the images of any artworks or information about them public (publishing them on the portal) as well as for upholding the rights of copyright holders and third parties.

In case of violation of any rights related to the publication of an artwork image, the procedure for making this violation known and cooperating with the portal administrator and owner is determined by the rules of submitting and processing complaints.

3.2.2

The Portal Administrator provides an opportunity to publish artwork images and information on them on the portal as limited by the portal functionality and determined by the algorithms determined by the administrator to uphold copyright, but does not control owner actions during publication of information and images due to the limitations of the information and functional capacity.

Should signs of the owner violating the current laws of the Russian Federation or third party rights through the publication of an artwork image or information about it be known, the portal administrator is entitled to block this owner from accessing the portal as well as to block making the images published by the owner public without prior notification.

4. PORTAL FUNCTIONALITY. LIMITATION OF LIABILITY

4.1

The Portal Administrator is an information intermediary as determined by Article 1253.1 of the Civil Code of the Russian Federation.

4.2

The Portal Administrator is entitled to change the design and/or functionality of the portal and other components of its content at any time and without prior user notification or approval.

4.3

The Portal Administrator does not censor or control the information and images provided by artwork owners prior to publication, but undertakes measures to fulfill the requirements of the laws of the Russian Federation and to protect the rights and interests of third parties once a related stakeholder complaint has been made in accordance with the rules of submitting and processing complaints.

4.4

The Portal Administrator is not responsible for potential or committed violation of the laws of the Russian Federation, third party rights or these Rules by the Users, but shall retain the right to block or limit buyer access or remove owner account and its images if serious violations have been discovered or information of such violations has been received from other users or third parties.

4.5

The Portal Administrator is responsible for speedy portal recovery after technical or software breakdowns and is not responsible for temporary downtime or loss of data resulting from such breakdowns.

4.6

The Portal Administrator is not responsible for any hazard to technical and software devices (computers, mobile devices, etc.) related to portal use. When accessing the portal, Users accept this limitation of Portal Administrator liability.

4.7

The Portal Administrator is not responsible for any direct or indirect losses, lost profits, sanctions, moral hazard, defamation of honor, dignity and work reputation suffered by Users and third parties and related to portal use and information and content published on the portal.

4.8

The portal services are provided as is. Users use them at their own risk.

5. FINAL PROVISIONS

5.1

Portal operation and interaction between users, owners and administrators on the portal is regulated by these Rules, other documents signed by the Users and owners while using the portal, and the current laws of the Russian Federation.

5.2

All questions and disputes between Users and Portal Administrator shall be resolved through negotiation. Should they fail to be resolved through negotiation, they shall be resolved in accordance with the procedures stipulated by the contracts signed by the parties. In the absence of such contracts, the procedure stipulated by the current laws of the Russian Federation shall be used. The governing legislation is the legislation of the Russian Federation.

5.3

These Rules come into effect as of the moment of joining them and remain valid for an indefinite duration.

5.4

Should one or several provisions of these Rules be recognized as invalid or of no legal weight, this shall not bear any impact on the validity and applicability of the remining part of the Rules.


DATA PROTECTION AND PRIVACY POLICY

This Data Protection and Privacy Policy applies to any user-related information that the Portal Administrator of somodernart.com and affiliated persons may obtain during user access to portal services.

All questions related to personal data should be addressed to info@somodernart.com

All information provided by the user on the portal or related to the use of the portal, is stored and processed in accordance with the regulations stipulated in the Federal Law ‘On Personal Data’ of the Russian Federation.

The terms of this Policy are applicable only to the interaction between the User and the Portal. The Portal Administration does not control and is not responsible for third-party websites that the User may access via links available on the Portal.

Terms and Definitions

The terms and definitions are used solely with the purpose of ensuring consistent and accurate understanding. They have been italicized throughout the text. To interpret the terms and definitions in the present document, Users, Portal Administrator, and third parties shall use the present section as well as the definitions given throughout the text of the present document.

  • ● User Personal Data: any information that is directly or indirectly related to an identified or identifiable user (personal data subject);
  • ● Personal Data Processing: any automated or non-automated action (operation) or combination of actions (operations) involving personal data, including collection, recording, systematization, storage, safekeeping, clarification (renewal, alteration), extraction, use, transmission (distribution, provision, access), depersonalization, blockage, removal, elimination of personal data;
  • ● Portal Administrator: OOO “SOMA” (Individual Taxpayer Number 7801665320), which is the portal’s developer and provides for technical, legal, organizational, and other support of the portal for all users;
  • ● Portal: The website located at www.somodernart.com, which has been developed and is being maintained by the Portal Administrator with the purpose of ensuring the interaction between users during the sale of artworks;
  • ● User:A legal or physical entity using the Portal’s services as well as, for the purposes of the present provision, owners;
  • ● Owner:The author of an artwork or any physical or legal entity who possesses exclusive rights for the artwork that have been obtained through legislation or agreement;
  • ● Artwork:an original or digital copy, including scanned copies, of a work of painted art, graphics, design, or other work of visual art or design process, a photograph and a work of art created by means similar to photography, a digital image, or other copyrighted item that the owner had submitted to the agent via the Internet with the purpose of selling, printing, and delivering it to buyers;
  • ● Buyer:the user who purchases the artwork from the owner through the portal.

1. THE PURPOSE OF USER DATA COLLECTION AND PROCESSING

1.1

The Portal Administrator processes only the personal data needed to provide users with the opportunity to use the services on the portal as well as to improve the quality and useability of these services.

1.2

The Portal Administrator has the right to utilize user personal data for the following purposes:

  • ● To identify users;
  • ● To communicate with users, i.e. send notifications, queries, and information as well as process complaints and requests sent by the user;
  • ● To communicate with users, i.e. send notifications, queries, and information as well as process complaints and requests sent by the user;
  • ● To improve the portal’s quality and useability;
  • ● To conduct statistical and other research using depersonalized data;
  • ● To identify and prevent illegal use of the portal

2. THE TERMS OF USER PERSONAL DATA PROCESSING AND TRANSFER TO THIRD PARTIES

2.1

Users’ personal data remains confidential except when the User provides this data for public access to an unlimited number of persons. When utilizing the portal, the User (Owner) agrees that a certain part of their personal data and approved information become publicly accessible (first, patronymic, and last name / nom de plume / place of residence / photograph).

2.2

The Portal Administrator has the right to share a User’s personal data with third parties if one of the following conditions has been met:

  • ● The user has expressly agreed to this;
  • ● This is necessary for the User to sign contracts on the Portal and to ensure their further execution;
  • ● The data transfer is required by the laws of the Russian Federation (or other governing legislation) and follows the procedure as described by the relevant laws;
  • ● This is necessary to ensure the protection of rights and legal interests of the Portal Administrator, the Users, or third parties.
2.3

By accepting the terms of this Policy, the User agrees that after the Portal Administrator or other Users share his/her/their telephone number, mailing address or e-mail address, the recipient of this data has the right to use it to send e-mails, text messages, and letters related to the orders placed on the Portal or responsibilities undertaken on the Portal.

3. USER PERSONAL DATA PROTECTION

3.1

The Portal Administrator shall take the needed and sufficient organizational and technical measures to protect Users’ personal data from illegal or accidental access, deletion, amendment, blockage, copying, distribution, or other illegal third-party activities.

3.2

Users are required to keep personal data and information about the private lives of other users and third parties obtained as a result of communication with other users and other utilization of the portal confidential and refrain from sharing it with other users and third parties without prior consent and approval of the data subjects and the Portal Administrator.

4. CHANGES TO THE PRIVACY POLICY

GOVERNING LEGISLATION

4.1

The Portal Administrator has the right to make changes to this Policy. When changes are made, the current version shall be dated as of the day of the latest amendment. The new version of the Policy comes into force as of the moment of publication on the Portal unless this is not in contradiction with the new version of the Policy. The current version is always accessible at https://somodernart.com/pages/policy

If the User does not agree with the changes to the Policy, he/she/they is required to stop utilizing the Portal. Continuing to use the Portal’s services after amendments have been made to this Policy indicates the User’s unnegotiable agreement with the said changes.

4.2

The Portal Administrator has the right to process user data both automatically and manually.

4.3

The Portal Administrator and Users are required to follow the laws of the Russian Federation.

5. DATA CHANGES OR REMOVAL BY THE USER

5.1

The User is required to notify the Portal Administrator of all changes made to the User’s personal data or other information submitted to the Portal Administrator.

5.2

The User may cancel his/her/their registration on the Portal including all personal data linked to it. The data used for the signing and execution of contracts or other legal transactions with other users and third parties will remain at the disposal of these users, third parties, and Portal Administrator, as they were legal counterparts of the contract.

5.3

Users give their consent for processing their personal and other data as described in this Policy for the whole duration of their registration / account on the Portal or until the end of the personal data storage period determined by the laws of the Russian Federation.

5.4

Users may recall their consent for processing their personal and other data by submitting a written application to the Portal Administrator.