Content Submission Terms and Conditions
As used in this Agreement, "we" or "Artzizzle" means Artzizzle.com (a division of EDB Media, Inc.) and "you" means the individual or entity submitting materials to Artzizzle. Any individual or entity that wants to upload images to this website must accept the terms of this Agreement without change. BY UPLOADING ANY DIGITIAL AND AUDIO FILES, YOU AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT AND ALL SPECIFICATIONS AND GUIDELINES INCORPORATED BY REFERENCE.
Eligibility. You may only submit Materials to the Service for which you hold all intellectual property rights. In other words, if you submit a digital image to us, you must own all rights to such image or you must have the authorization of the person who does own those rights. The Service is limited to parties that lawfully can enter into and form contracts under applicable law. Minors may not submit Materials to the Service. Further, you may not submit any personally identifiable information about any child under the age of 13.
Definitions. As used in this Agreement, (a) "Affiliates" means any entity controlled by, in control of, or under common control with EDB Media, Inc. (Artzizzle.com), (b) "Materials" means all content that you submit to Artzizzle, including all photographs, illustrations, graphics and text, and (c) "Media" means any means of conveying information, whether now known or hereafter devised.
License Grant for Materials. You hereby grant to EDB Media, Inc. (Artzizzle) and its Affiliates a worldwide, nonexclusive, royalty-free, perpetual right and license to (a) reproduce, distribute, transmit, publicly perform and publicly display the Materials, in whole or in part, in any manner and Media, (b) modify, adapt, translate and create derivative works from the Materials, in whole or in part, in any manner and Media, and (c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee.
Removal of Materials. If you decide you would like to remove your Materials from the Service, you may provide written notice to EDB Media, Inc. (Artzizzle.com) by either deleting the image through the Artzizzle interface or by contacting Artzizzle customer service, and Artzizzle will remove such Materials from the Service within a reasonable period of time.
License for Name, Trademarks and Likenesses. You hereby grant to EDB Media, Inc. (Artzizzle), its Affiliates and sublicensees a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the Materials. You grant EDB Media, Inc. (Artzizzle), its Affiliates and sublicensees the right to use the name that you submit in connection with the Materials.
Specifications and Guidelines. You agree to submit Materials to us in accordance with all Content Guidelines for Use of Service which you are otherwise notified ("Guidelines"), as these Guidelines may be changed in the future.
Representations, Warranties and Indemnities. You represent and warrant to EDB Media, Inc. (Artzizzle) and its Affiliates that (a) you have the right, power, and authority necessary to enter into this Agreement, to fully perform your obligations hereunder, and to grant the licenses set forth in Paragraphs 3 and 5 above, (b) you will comply fully with all terms of this Agreement, (c) the Materials submitted to Artzizzle by you, and Artzizzle's and its Affiliates' exercise of their rights hereunder, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party, (d) you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of the Materials by Artzizzle and its Affiliates as permitted hereunder, (e) the Materials are not pornographic, obscene, libelous, defamatory, tortious, or otherwise unlawful, and (f) all factual statements submitted by you are accurate and not misleading. You agree to indemnify, defend, and hold EDB Media, Inc. (Artzizzle) and its Affiliates harmless from all claims, liabilities, damages, and expenses (including, without limitation, reasonable attorneys' fees and expenses) arising from your breach of any representation or warranty set forth in this paragraph.
Restrictions. You agree that you will not submit Materials that are unlawful, pornographic, libelous, defamatory, tortious, obscene, or racially, ethnically or otherwise objectionable, or that otherwise violate general Artzizzle community standards. We expressly reserve the right to remove or not make available any Materials that we deem to be in violation of this Agreement, applicable laws or our community standards in our sole discretion. You agree that you will not upload, post, e-mail or otherwise transmit Materials to us or our Affiliates that contain 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.
No Obligation. Although we have the right to include your Materials in the Service or in any Media, we do not have the obligation to do so. We may, in our sole discretion and for any reason, refuse the Materials or remove them from our Service at any time.
Changes to Agreement. We reserve the right to change any of the terms of this Agreement or any Specifications or Guidelines governing the Service at any time in our sole discretion. All changes will be effective upon posting to the Service. However, for all changes to this Agreement, excluding Specifications and Guidelines, we will post a notice of change for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. YOUR CONTINUED USE OF THIS SERVICE FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
Artzizzle Intellectual Property. Without our prior written consent, you may not use our intellectual property, including, without limitation, our trademarks, trade names, trade dress, or copyrighted material, in any manner.
Communications. EDB Media, Inc. (Artzizzle) and its Affiliates may communicate with you in connection with the Service, electronically and in other Media, and you consent to such communications regardless of any "Customer Communication Preferences" (or similar preferences or requests) you may have indicated on the web sites of Artzizzle or its Affiliates or by any other means.
Waiver. EDB MEDIA, INC. (ARTZIZZLE) AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF (OR KNEW OR SHOULD KNOWN OF) THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer. EDB MEDIA, INC. (ARTZIZZLE) PROVIDES THE SERVICE "AS IS" WITHOUT WARRANTY OF ANY KIND.
Miscellaneous. This Agreement will be governed by the laws of the United States of America and the state of New Jersey, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Trenton, New Jersey, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently. The Specifications and Guidelines (including all future changes) are incorporated by reference into this Agreement. This Agreement is in addition to, and does not supersede or modify, the terms and conditions of use of the web sites of EDB Media, Inc. (Artzizzle) and its Affiliates.
Content Guidelines for Use of Service
Sharing Your Own images
Who can share images?
Anyone who has purchased an Artzizzle Rewards Membership and is in good standing in the Artzizzle community can upload and share images. If you are an artist who would like to share your work for possible future posting, please send jpegs only to info@artzizzle.com. We will review your work and respond back to you if we are interested.
What should I share?
Please share images that will help you to build a prized comtemporary art collection. For example:
- images of where you intend to place your artwork (blank walls in your home or office).
- images of artwork you have collected
- images of you at art fairs or with artists
Do include captions for your images. While not required, they provide context for your images.
What shouldn't I share?
Do not share:
- profane, obscene, or spiteful images
- images to which you do not own the intellectual property rights
- images featuring phone numbers, mail addresses, or URLs. You can watermark an image with copyright information.
- images featuring availability, price, or alternative ordering/shipping information
- images featuring external Web sites, contests, or other solicitations
- any personal information about children under 13
- images with automobile license plates that are prominent and easily read (pictures with license plates that have been fuzzed out or that otherwise cannot be read are acceptable).
The same guidelines apply to your captions and notes.
How do I upload/share an image?
You can upload/share an image by clicking "Import Rooms", "Upload your photo", or "Upload an image" links wherever they appear on Artzizzle. Importing and uploading means sending a copy of the image over your internet connection from your computer to Artzizzle’s website. You will still have a copy on your computer.
What image formats and sizes are supported?
We support JPEG images. Files must be no more than 4MB. Both the image height and the image width must be between 60 and 2500 pixels.
Instead of uploading an image, can I just enter a link to an image?
No, all images must be uploaded to Artzizzle. This ensures your image is always available.
How long does it take to upload an image?
The time varies depending on the speed of your Internet connection and the size of the image file. For a 400KB image, for example, you should expect 2 to 4 minutes over a 56KB modem and under 1 minute for DSL or cable modem.
Where will my image appear?
Generally your image will appear where you uploaded it: in the “On My Wall” gallery, or on your My Collection page(s), for example. We may share your image with other Artzizzle Rewards members. You can delete your image from our service at any time and the image will be removed from all sites. See the Content Submission Terms and Conditions for more information.
How do I delete an image?
Go to your My Collection page. Click the "delete" button next to the image and it will be removed. You will need to be signed-in to delete your image.
What if I find an inappropriate image?
If you find an image linked to the wrong product or of poor quality, or you do not agree with the depiction or the caption, please cast an unhelpful vote against that image. If you feel that the image is illegal, offensive, pornographic, an infringement of copyright, or otherwise violates Artzizzle's guidelines, please submit a report.
What do I do if my image was deleted?
We regularly investigate /images that have been reported to Artzizzle as violating our guidelines. If you feel your image was removed inappropriately, please contact us at info@artzizzle.com.
Who owns the /images I upload?
The rights owner of the image continues to own the image copyright; uploading your image to Artzizzle does not transfer ownership.