Gallery Membership Application

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[mk_toggle style=”fancy” title=”Membership Agreement & Terms of Use” icon=”mk-icon-align-justify”]Membership Agreement

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Terms of Use

Last updated February 1, 2018

1. ABCD Club Limited (“ABCDclub”) a company registered in England and Wales No. 92921 grants to the Member the right to publish on the ABCDclub website https://excellenceartgallery.com(the “Site”), solely on Member’s dedicated profile page (the “Profile”) such images and related information as provided by Member during the term specified in this Agreement, subject to the terms, conditions and limitations set forth Content uploaded to the Site by Member or otherwise provided by Member will be reviewed by ABCDclub prior to being released for public display on the Site. ABCDclub shall have the right to reject or correct any Content uploaded to the Site by Member or otherwise provided by Member in ABCDclub sole discretion. Member grants ABCDclub an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to display, publish, reproduce, distribute, reformat, modify or otherwise use any and all materials, text, information, images, photographs, or other content listed, posted, displayed, or uploaded by Member to the Site, or otherwise provided by Member to ABCDclub (collectively, the “Materials”) for all purposes, in any format or media now known or hereinafter invented (including via social media). This grant includes the right to use the name of the Member gallery, a link to the Member’s website, and/or any Materials in ABCDclub informational and promotional materials, including without limitation, electronic communications between ABCDclub and its users. Member grants ABCDclub the right to permit its users to share the Materials posted on the Site with third parties, in whole or in part, along with textual copy written by ABCDclub, via social media, email, Twitter, and/or other forms of electronic communication, provided the Materials are accompanied by a reference or link to the Site.
2. Member shall not use the Site in a way that violates any laws, violates or infringes on anyone’s rights, or interferes with the Site or any features on the Site (including any technological measures ABCDclub employs to enforce this Agreement). Member shall not (a) use any robot, spider, scraper or other automated means to access the Site for any purpose, (b) take any action that imposes, or may impose in ABCDclub sole discretion an unreasonable or disproportionately large load on ABCDclub infrastructure or (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Member shall not post or submit any unlawful, threatening, defamatory, or obscene, material or any material that could give rise to civil liability, or otherwise violate any law. Member shall not upload to the Site more than 250 images in any given seven-day period. ABCDclub reserves the right, in ABCDclub sole discretion, to take any action it deems necessary to cure or prevent any violation of the Terms of this Agreement, including removing, revising, reformatting or otherwise modifying Member’s Profile or Materials, removing Member’s sharing function, prohibiting Member from the Site, terminating Member’s account, and/or taking legal action.
3. Member is solely responsible for the security and confidentiality of Member’s account and login credentials, and Member is responsible for any and all activities that occur under Member’s account or using Member’s login Member is solely responsible for Member’s network access in order to connect to and use the Site. In no event shall ABCDclub be liable to Member for any technological issues encountered in connection with uploading Material to the Site, including any failures that result in the loss of some or all of the Materials or delays in displaying the Materials.
4. ABCDclub shall have sole editorial discretion regarding any and all editorial content on the Site, including any editorial content regarding If applicable, Member shall have the right to review any native advertising content produced by ABCDclub on Member’s behalf prior to ABCDclub posting such native advertising content to the Site. In no event shall ABCDclub be liable to Member for damages of any type arising out of or in connection with any editorial or advertising content on the Site, including claims that such editorial or advertising content was false, misleading, incorrect or defamatory.
5. It shall be the Member’s sole and exclusive responsibility to secure any necessary permissions and/or authorizations to reproduce, display, or distribute the Materials as herein licensed where such rights are held by third Member represents and warrants that (i) it has the right to publish the Materials uploaded to the Site or otherwise supplied to ABCDclub and to grant ABCDclub the rights licensed herein, (ii) such Materials do not infringe on any third party’s rights and are not otherwise unlawful, and (iii) any information or other Materials provided to ABCDclub for any reason, including for use in editorial or advertising content, is not false, unlawful, misleading or incorrect. Member shall indemnify and hold harmless ABCDclub from and against any and all losses, damages, liabilities, and claims, and all fees, costs, and expenses of any kind related thereto (including, without limitation, reasonable attorneys’ fees) arising out of, based upon, or resulting from (i) any false, unlawful, misleading or incorrect information uploaded to the site by Member or otherwise provided to ABCDclub by Member, including any editorial, advertorial, promotional or other content posted to the Site by ABCDclub that is based on or otherwise contains such information; (ii) any content posted to any social media channel by Member, or any content posted to any social media channel by ABCDclub that is based on any Materials or other information provided to ABCDclub by Member; (iii) any editorial and/or native advertising content on the Site concerning Member; and (iv) any claim of any third party alleging infringement of any copyright, trademark, patent, trade secret, right of privacy, right of publicity, unfair competition, false advertising, libel, or any other statutory or common law right relating to use of the Materials. ABCDclub reserves the right in its sole discretion to remove any Materials from the Site and/or the sharing function for legal reasons at any time. ABCDclub reserves the right in its sole discretion to re-locate, re-position, and/or modify the size or shape of any advertising banner displayed in conjunction with the Materials in the event of any re-design, modification, or other changes to the Site. In the event that ABCDclub changes the location, position, size, and/or shape of the advertising banner, ABCDclub will provide Member with similar visibility, positioning, and size on the re-designed, modified, or changed Site.
6. Payments are non-refundable. Members paying by credit card authorize ABCDclub to charge the full balance on the account plus applicable and state taxes unless ABCDclub has agreed to any other arrangements. Members paying by credit card authorize ABCDclub to automatically charge the applicable renewal balance at the beginning of each subsequent applicable renewal period as set forth in this Agreement unless and until Member terminates this Agreement in writing or ABCDclub has agreed to any other payment arrangements. If Member has a disagreement regarding a credit card charge or payment Member has made, Member may contact customer service in writing within ninety (90) days from the date of the initial credit card charge. Member agrees that ABCDclub is not liable for any charges or errors not reported within such ninety (90) day time frame. For Members paying annually in advance, this Agreement is fully earned within 24 hours of signing. ABCDclub may terminate this Agreement in the event that Member fails to make a payment under this Agreement when due, is misusing or threatening to misuse any ABCDclub trademark or any other intellectual property, or otherwise breaches any term of this Agreement.
7. ABCDclub is not responsible for, and does not endorse, any material or information posted or submitted to the Site by anyone other than ABCDclub. ABCDclub will not be liable, directly or indirectly, for any loss or damage caused to Member in connection with any material or information posted by anyone else. The Site may contain links to websites that are operated by people or companies other than ABCDclub. All such links are provided solely as a convenience. If Member uses these links, Member will leave the Site. ABCDclub is not responsible for any material or information on or accessible via any website that ABCDclub does not operate or control. ABCDclub does not endorse, guarantee, or make any representations or warranties regarding any websites it does not own or control or any material or information on or accessible via those websites. If Member decides to access any website that is linked to or from the Site, Member does so entirely at its own risk.
8. ABCDclub liability arising under this Agreement or arising out of mistakes, accidents, omissions, errors, or defects, or arising out of delays caused by judicial or regulatory authorities or other causes, shall be subject to the limitations set forth below. In no event shall ABCDclub be liable to Member or to any other third party with respect to the subject matter of this Agreement under any contract, warranty, negligence, strict liability, or other theory for any type of indirect, consequential, incidental, reliance, special, or punitive damages, or for any lost profits, lost revenues, or lost savings of any kind arising out of or relating to this Agreement or the obligations of ABCDclub pursuant to this Agreement, whether or not ABCDclub or Member was advised of the possibility of such damages and whether or not such damages were foreseeable. In no event shall ABCDclub be liable to Member for any amount in excess of the aggregate amount ABCDclub has collected from Member prior to such time. Further, Member agrees to self-assess and pay any sales or use tax that may be due on the use of the product and will reimburse ABCDclub for any taxes ABCDclub is assessed in the event Member has not fulfilled this obligation.
9. No waiver by either party of any conditions or the breach by the other of any term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed or construed as a continuing or further waiver of any other condition, or of the breach of any other term or covenant set forth in this Agreement. Moreover, the failure of either party to exercise any right hereunder shall not bar the later exercise thereof. If any term of this Agreement is held to be invalid or unenforceable, for any reason, such invalidity or unenforceability shall not affect any other term or provision hereof. This Agreement shall be construed, interpreted, and applied in accordance with and governed by the laws of the United Arab Emirates, without giving effect to the conflict of law.
10. Provisions thereof. This Agreement constitutes the full and complete understanding and agreement of the parties with respect to the subject matter hereof, and supersedes all prior understandings and agreements. For the purposes of this Agreement, the term “ABCDclub” shall be deemed to include ABCDclub, its affiliates, parent, shareholders, directors, officers, and employees and any person or entity assisting ABCDclub in its performance pursuant to this Agreement. ABCDclub and ABCDclub are registered trademarks of ABCDclub Limited.
11. Member and ABCDclub agree that all disputes arising out of or related to this Agreement or the use of any Materials by ABCDclub shall be resolved by binding arbitration conducted in Dubai, United Arab Emirates. By entering into this agreement (“Agreement”), you (“Member”) agree to comply with the terms hereof, as well as the ABCDclub Terms of Use, found on the Site at ABCDclubarts.com/about/terms-and-conditions-of-use. Such Terms of Use are expressly incorporated by reference herein and shall form a part of this Agreement.
12. Artist should submit profile and at least 6 images must be received within 14 days of signing Agreement. Artist member site will be created on ABCDclub.com within 3 business days after receipt of signed Agreement and materials.

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