Updated 15-Feb-2019
Definitions:
"PixTopper Gallery", “PixArt Gallery”, “PixTopper” all refer to our registered business name: PixTopper
“Services” refers to the services provided by the PixArt Gallery TV App or PixTopper Gallery
In the text below, PixTopper Gallery or PixArt Gallery mean the same App. On Google Play store the App is called PixTopper Gallery. On Amazon and Apple App stores, the App is called PixArt Gallery.
“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 document states the Copyright policy that we follow. If you are a user, artist, art enthusiast using PixArt Gallery TV App services, you may be interested to know our point of view.
Copyright Policy:
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. We are a global TV App service providing PixArt Gallery TV App as a global service. We are willing to accept works from artists, creators and rightful owners from anywhere in the world.
4. PixArt Gallery respects the copyright, intellectual property rights of artists, creators and rightful owners.
5. PixArt Gallery will not show stolen content, unauthorized copies. When notified of any violation or breach of policy we will take necessary corrective actions.
6. We expect our artists to be responsible and be in compliance with copyright laws locally and internationally
7. If a copyright violation request is received, PixArt Gallery will validate the request and we will delete artworks and digital content from our platform if there is merit in the dispute. 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 a request to delete content from our platform.
8. Artworks classified as Public Domain work or CC0 Creative commons for personal and commercial use, by the artists by their own free will, is considered irrevocable. After an artist has declared that his/her work is in the public domain, the artist is no longer considered to be the rightful owner of the artwork, in this case, the artist or the rightful owner do not have to right to request for deletion, claim ownership to the artwork.
9. 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, artists, creators, end users and rightful owner of the artwork, agree to apply best common-sense-based judgements and best behaviors.
10. If an artist’s work has been classified as CC0 Creative commons, free for commercial use and no attribution required, we understand that this is non-revocable. This is applicable even if the artist is not a registered artist, creator or rightful owner on our platform, we could download the artists’ works from the internet, and make it available to viewers via PixArt Gallery TV App
11. PixArt Gallery will not request permission from artists, creators, websites and rightful owners if they have classified the artwork or digital content as CC0 Creative commons, free for commercial use and no attribution required.
12. In case there is a question on ownership or copyright to the artwork that is uploaded to the PixArt Gallery TV App platform, we will make every effort to clarify in good faith and honesty and delete the work if there is merit in the dispute.
13. 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
14. “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.
15. “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.
16. PixArt Gallery TV App platform has been designed with security of digital content at rest and in motion. However, our application platform, systems, code, 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 anyone, PixArt Gallery, PixTopper is not responsible for the same.
17. If artworks are stolen or mis-used, affected parties indemnify us from any legal or financial losses, they are free to seek remedy from applicable laws against the alleged perpetrators who have stolen or mis-used artworks.
18. Artists retain copyright to the copyrighted artworks that they show on PixArt Gallery TV platform.
19. Copyright policy is subject to changes and updates
Copyright © PixArt Gallery, PixTopper Gallery, PixTopper - All Rights Reserved.
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