How does Insta-Art protect the Artists Creative Property on this site?
1. The artist retains the ownership of the photos.
Insta-Art is not purchasing ownership of the artists images through this platform Rather we are paying commission to the artist per print sold in exchange for use of their image on our site and platforms. All images used on this site have either been obtained with permission from the artist or the artist has chosen to upload anonymously under the Creative Commons Zero License.
2. We do not alter the images.
Insta-Art does not alter the uploaded images unless: (1) the images resolution needs to be changed for better print quality or (2) The image needs to be cropped for sized panels. The only other alteration we do after image submission and before print is to watermark the artists name into the print.
3. All prints display the artists name.
Insta-Art watermarks all prints with the artists name on the front of the panel. We also include the title of the image (as per artist) on the back.
4. The artist chooses to become a member with Insta-Art.
The choice to become a member of Insta-art or become an Insta-Art Artist remains with the member/artist. A member and/or artist can withdraw their membership status at any time and/or request that their prints be removed from the site. Insta-Art also retains the right to a remove a member for any reason deemed acceptable by our company and its affiliates.
5. User Conduct
You are solely responsible for the content and context of any materials you submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (c) contain a virus or other harmful component. You may only use this Site to make legitimate requests to purchase the products or services offered, upload your own creative property, and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by Insta-Art. In addition to the foregoing and in consideration for being allowed to use the Site, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Site, without our written consent
Impersonating another person or allowing any other person or entity to impersonate you to access or use the Site;
Using the Site for any purpose in violation of local, state, national, international laws
Using the Site in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;
Disguising the origin of information transmitted to, from, or through the Site.
Collecting information about the Site or users of the Site without our written consent;
Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Site or any portion thereof;
Circumventing any measures implemented by us aimed at preventing violations of these Terms and Conditions.
In response to the discovery or suspicion that you have breached these Terms and Conditions by committing any of the above-listed actions, we may choose to terminate your account.
6. Changes to the Site & Services
We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site and Services including but not limited to content, prices, printing options, hours of availability, or other features. We may impose limits on certain features of the Site or restrict your access to any part or all of the Site without notice or penalty. You agree that Insta-Art will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Site.
7. Non-Infringement Policy
You may not post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner or rights holder. We respect the intellectual property of others, and we ask our customers to do the same. By using our Site, you are representing that you have the necessary rights to lawfully use the copy, design, and images in your order without infringing the intellectual property rights of third parties. You also recognize that subject matter does not have to bear a copyright notice in order to be protected by copyright law, so absence of such notice does not necessarily assure a right to reproduce. You further warrant that no copyright notice has been removed from any material used in preparing your Content for reproduction. You agree to indemnify and hold Insta-Art and our subsidiaries, affiliates, officers, agents, business partners or employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, or transmit through our Site.
8. Our Proprietary Rights in Site Content
You acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, templates, maps, designs, icons, written and other material and compilations (collectively, "Site Content") are intellectual property and copyrighted works of Insta-Art, its licensees, and/or various third-party providers ("Artists"). Reproductions or storage of Site Content in all forms, media and technologies now existing or hereafter developed, is subject to the Canadian Copyright law. No Site Content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Insta-Arts or the "Artists" prior written permission.