PixArt Gallery TV App, Artist terms and conditions

 Updated 15-Feb-2019


Definitions:


“PixArt Gallery”, “PixTopper” both refer to our registered business name: PixTopper

“Services” refers to the services provided by the PixArt Gallery TV App


“TV App” or “App” refers to the PixArt Gallery TV App from PixTopper. The App may refer to either the free or the paid monthly subscription service.


“Artworks”, “Digital Content” refers to creative works from artists, creators or rightful owner of such works


“Freebie, tools and scripts providers” are art enthusiasts, coders, algorithm creators, educators who provide freeware softwares, paid softwares, free or paid plugins, tools, algorithms, fractal files, libraries, instructions, tips, education material and scripts freely (or paid) available for download on the internet.



This agreement is applicable between you (the artist, creator or legal and rightful owner of the artwork shown on the PixArt Galley TV App) and PixArt Gallery, PixTopper (the registered Business offering this service)



Please read these Artist Terms and Conditions ("Conditions") carefully. If you are showing your artworks via the PixArt Gallery TV App, you agree to these conditions. If you do not agree, please do not show your artworks on our platform, and you may request for deletion of these works from our collection.

Artist Terms and Conditions:

  

1. PixArt Gallery is a brand owned by PixTopper, Business registered in Bangalore, India

2. PixArt Gallery provides the PixArt Gallery TV App on Apple TV, Fire TV and Android TV, that users can purchase via the online App stores or via any other means, technically approved by PixArt Gallery, PixTopper

3. If you are showing your artworks or digital content on the PixArt Gallery TV App, these terms apply to you. 

4. We are a global TV App service providing PixArt Gallery TV App as a global service. We can accept works from artists, creators and rightful owners from anywhere in the world. It is not possible for us the maintain physical paper trails and agreements. By agreeing to show your artworks on our platform, you are in agreement of these artists terms and conditions that is posted on our website www.pixart.gallery. You agree that no other signature, physical paper agreement is necessary. 

5. We do not insist on you to provide your personally identifiable information. Communications via emails is deemed sufficient, with the assumption and trust that you are being faithful and honest in your transactions with us. However, you agree that the information you have provided about yourself and your artworks have been done with your own free will, honestly and you agree that we will send you emails if we need to get in touch with you for communication regarding the TV App or about your artworks or digital content, or to notify you of any changes to the platform or its policies

6. You agree to provide your artworks in the necessary format, size and quality as required by the App

7. You agree and affirm that you are the rightful owner, creator or artist and you and only you are the absolute owner and authority of the artwork that you have agreed to show on PixArt Gallery TV App. 

8. You will respect the copyright, intellectual property rights of other artists, creators and rightful owners.

9. You will not show stolen content, unauthorized copies on the PixArt Gallery TV App

10. You will not misrepresent somebody else’s work as your own

11. You agree with generally accepted rules on copyright in this digital age, as expressed by applicable local and international laws

12. If you showcase any artwork that is in the public domain, copyright expired or work classified under the creative commons license, you will provide necessary proof, show necessary documentation or information, if required.

13. Your artworks shown via the PixArt Gallery TV App is non-exclusive, meaning, you can show these works on any other platform. You are free to show your work on PixArt Gallery TV App and anywhere else.

14. You are free to put your name, copyright mark of your work, in smallest readable font on the artwork or digital content. 

15. Your artworks will be shown on the TV screen via the PixArt Gallery TV App via online marketplaces (Apple, Amazon, Google), using their respective devices, Apple TV, Fire TV, Android TV, and it is expected viewers will enjoy your works shown on the TV from a distance of atleast 4-6 feet or more.

16. If you desire to stop showing your content on the PixArt Gallery TV App, you are free to do so. You will send us an email with such a request, and after validating your request, we will delete your artworks and digital content from our platform. We will take up to 30 days to validate and approve such a request and we will take an additional 30 days to ensure the artworks are deleted globally across all Content Delivery Cache storage. In total, we need 60 days to implement your request to delete content from our platform.

17. You agree that if you have classified your work as Public Domain work or creative commons for personal and commercial use, and that your work is free from copyright, this is an irrevocable classification. After you have stated that your work is in the public domain, you are no longer considered to be the rightful owner of the artwork, in this case, you do not have the right to request for deletion, claim ownership to the artwork.

18. You also affirm that you are aware and agree that in the digital age and in the current environment, year 2019, copyright laws can appear to be confusing. Copyright laws may even be perceived as difficult to understand. Time to time, Courts, globally, have to deal with matters relating to copyright and have to navigate contentious debates, further adding to clarity and confusion in the public domain. Even amidst this complexity and confusion, you as an artist, creator and rightful owner of the artwork, agree to apply your best common-sense-based judgement and best behaviors.

19. If your work has been classified as CC0 Creative commons, free for commercial use and no attribution required, you agree that this is non-revocable. This is applicable even if you are not a registered artist, creator or rightful owner on our platform, we could download your works from the internet where you have uploaded artworks, in this scenario, these terms and conditions are applicable to you automatically, by the very action that you took to make your work CC0 Creative commons, available in the Public Domain as copyright-free.

20. You agree that you are not getting paid to show your works via the PixArt Gallery TV App, by PixArt Gallery, PixTopper, unless a contract has been tailored

21. PixArt Gallery, PixTopper will not make any payments to you for showing your works via the PixArt Gallery TV App. 

22. PixArt Gallery TV App has been design, tested and built in good faith for the purpose of showing digital content and artworks in high quality digital TV screens anywhere in the world via the Internet. As an artist you respect and agree to join us in this endeavor in good faith and honesty.

23. PixArt Gallery, PixTopper reserves the right to remove your artworks from our platform without offering any explanation. 

24. PixArt Gallery, PixTopper reserves the right to stop this service altogether and shutdown for any reason. 

25. In case there is a question on ownership or your copyright to the artwork that you uploaded to the PixArt Gallery TV App platform, you will make every effort to clarify in good faith and honesty, as requested. 

26. There are many freeware softwares, paid softwares, free or paid plugins, tools, algorithms, fractal files, libraries, instructions, tips, education material and scripts freely (or paid) available on the internet. If, as an artist and creator, you have downloaded these and rendered them by spending your time, effort, compute resource and you have created a finished output artwork or digital content using your time, artistic talents and effort, we will consider that you are the rightful owner of that artwork. “Freebie, tools and scripts providers” who have uploaded these freeware softwares, paid softwares, free or paid plugins, tools, algorithms, fractal files, libraries, instructions, tips, education material and scripts freely (or paid) available on the internet, agree that they have uploaded these and made them free in good faith and honesty for the sole purpose of allowing artists to freely create artworks in the world, without any restrictions

27. “Freebie, tools and scripts providers” cannot claim copyright on an artwork created by an artist using their “free or paid” freeware softwares, paid softwares, free or paid plugins, tools, algorithms, fractal files, libraries, instructions, tips, education material and scripts freely (or paid) available on the internet.

28. “Freebie, tools and scripts providers” do not expect any attribution, financial gain from an artist or rightful owner who is showing artwork on PixArt Gallery TV App, even though the artist may have used freeware softwares, paid softwares, free or paid plugins, tools, algorithms, fractal files, libraries, instructions, tips, education material and scripts freely (or paid) available on the internet.

29. PixArt Gallery TV App platform has been designed with security of digital content at rest and in motion. However, our application, systems, platforms, Digital content and artworks can be stolen or hacked or changed or mis-used by any third party, individual, government, hackers, or anyone, or anything, human or non-human, and if that cause harm, harassment, loss of privacy, financial loss or any other inconvenience to you, PixArt Gallery, PixTopper is not responsible for the same. If your artworks are stolen or misused, you indemnify us from any legal or financial losses, you are free to seek remedy from applicable laws against the alleged perpetrators who have misused your artworks.

30. You retain copyright to the copyrighted artworks that you show on PixArt Gallery TV platform. 

31. While artistic freedom is a fundamental right, you agree you will not showcase any objectionable content via the PixArt Gallery TV App directly or indirectly, explicitly or stealthily. If any disputes or complaints arise, PixArt Gallery’s decision on the matter will be final. PixArt Gallery reserves the right to remove an artwork that may be considered offensive or for any other reason.

32. These terms and conditions are subject to change and you agree to accept updates and changes to the agreement, as you continue to showcase your Digital Content on the PixArt Gallery TV App platform.