Acceptable Use Policy.

The following terms constitute our “Acceptable Use Policy”: You agree not to use www.affordableart.co.za to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through www.affordableart.co.za any software intended to damage or alter a computer system or data; (ii) send through the www.affordableart.co.za website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to www.affordableart.co.za, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to www.affordableart.co.za, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of www.affordableart.co.za; or (vi) use software or automated agents or scripts to produce multiple accounts on www.affordableart.co.za, or to generate automated searches, requests, or queries to www.affordableart.co.za.

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

If you provide Affordable Art SA with any feedback or suggestions regarding www.affordableart.co.za, you hereby assign to Affordable Art SA all rights in such feedback and agree that Affordable Art SA shall have the right to use and fully exploit such feedback and related information in any manner it believes appropriate. Affordable Art SA will treat any feedback you provide to Affordable Art SA as non-confidential and non-proprietary.

You agree to indemnify and hold Affordable Art SA and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of , (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Affordable Art SA reserves the right to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Affordable Art SA. Affordable Art SA will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Membership account/registration Data/Account Security

You acknowledge and agree that you are to keep confidential the Membership Name and Membership Account provided by Affordable Art SA to you, and the Membership Password selected by you and approved by Affordable Art SA for use with such Membership Name and Membership Account. Your Membership Name, Membership Account and Membership Password are personal to you and may not be shared with, or transferred to, any other person or entity.

You acknowledge and agree that you will be solely responsible for each and every use of your Membership Account, Membership Name and Corresponding Password, and that Affordable Art SA may rely on the use of your Membership Account, Membership Name or Membership Password as conclusive evidence that you have used the Website.

In consideration of your use of the Site, you agree to be 18 years or older and (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Affordable Art SA, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account

Proprietary Rights in Site Content; Limited License

All content on the Affordable Art SA websites including designs, web-design and programming, text, graphics, logos, pictures, video, information and other files, and their selection and arrangement (the “Site Content”), are the property of Affordable Art SA or its artists with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Affordable Art SA prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

Trademarks

Affordable Art SA and other graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress. Affordable Art SA’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Affordable  Art SA.

Disclaimers / User Conduct

Affordable Art SA is not responsible or liable in any manner for any User Content or Content posted on the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. Affordable Art SA is not responsible for the conduct, whether online or offline, of any user of the Site or Service.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Affordable Art SA assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Affordable Art SA is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including without limitation any Mobile Client software. Under no circumstances will Affordable Art SA be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
Affordable Art SA reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. In addition, you agree NOT to use the Service or the Site to:
use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communication.
Use automated scripts to collect information from or otherwise interact with the Service or the Site; upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; Upload, post, transmit, share or otherwise make available any material that contains 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; intimidate or harass another; Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; Use or attempt to use another’s account, service or system without authorization from the Affordable Art SA, or create a false identity on the Service or the Site.
Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Affordable Art SA, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Affordable Art SA or its users to any harm or liability of any type.

User Content Posted on the Sites

Affordable Art SA, cannot be held responsible for any copyright violations, and cannot guarantee the legality of the Images stored in its systems. If you want to make sure, always contact the artists. You use the site and the content at your own risk.
You are solely responsible for all content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Site, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that Affordable Art SA may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Affordable Art SA violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Affordable Art SA.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Affordable Art SA an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to commercially use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works such User Content, and to grant and authorize sublicenses of the foregoing.

Upload of Works to Affordable Art SA

A Member shall upload a Work through his or her Membership Account, and such Work shall be subject to an applicable Content Upload Agreement based on criteria specified by Affordable Art SA to exclusivity, permitted uses of the Work and the like. The Member shall also enter keywords and a description of the Work so that the Work can be categorized and be searched by the website’s search engine. Affordable Art SA may also, in its sole discretion, place certain types of limits on the uploading of Works.
You may remove your User Content from the Site at any time. If you choose to remove your User Content you acknowledge that Affordable Art SA may retain archived copies of your User Content and use such images in accordance with the Terms and Conditions policy as agreed upon account creation and uploading of image.

Free accounts: A limited number of posts per account and a limited number of listings per day will be allocated to free accounts. This free service and all-encompassing services relating to the service is for use under the sole discretion of Affordable Art SA and can be changed or removed at any time without prior notice to users.

Copyright Complaints

We highly respect the intellectual property rights of others and we prohibit users from uploading and (otherwise) posting materials on the website, that violate another party’s intellectual property rights. If you believe that any material on the Website infringes upon any copyright which you own or control, please provide us via email with subject: “Copyright complaint”, the written information to: report@affordableart.co.za
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. A description of the copyrighted work that you claim has been infringed upon. A description of where the material that you claim is infringing is located on the Website, including the photo ID number, if applicable.
Your address, telephone number, and e-mail address.
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that we have copyright arrangements with content providers and assume no responsibility for any mistakes, legal and copyright disagreements, miscommunications or misunderstandings between those parties and the artists they work or worked with. If your complaints are not directly our responsibility, you will therefore be referred to the party responsible for that particular copyright.

We use cookies to ensure that we give you the best experience on our website. Are you happy for us to use cookies?