Copyrights. Who owns the rights to the art?
Our "Terms and conditions" state that we own all uploaded content. However, you should not be concerned about losing your copyrights. We require the rights to store and display your art online on our servers and platform. These rights are also necessary for us to promote your exhibitions and share them. Without these rights, we would face challenges in operating effectively. This is standard practice when uploading content to the internet.
We do not have any interest in selling your art, nor are we involved in any transactions related to the sale of your art. We do not take any commissions on sold pieces.
To clarify: you retain all rights to your original art now and in the future. This also means that you need to own the copyrights to any content you upload. We do not act as gatekeepers or moderators in any way. At the inMotion art gallery, you have control over what to exhibit.
Rights and Responsibilities
1. Agreement: By engaging with Scarborough GateWay, the user agrees to adhere to these terms of service, which are deemed binding. Any conflicting conditions are not recognized and are therefore invalid.
2. Responsibility: The user is accountable for their own content and behavior on Scarborough GateWay. The user agrees to comply with applicable laws and regulations within the platform. In the event of violations of legal codes, ethical standards, these terms of service, or for other significant reasons, we reserve the right to remove any images or content from the Scarborough GateWay website at our discretion.
3. Obligations: The user agrees to a) refrain from uploading copyrighted material or content that infringes on the rights of others, b) avoid insulting, libeling, harassing, or harming other users, c) not use data and email addresses obtained through Scarborough GateWay for commercial advertising, and d) not utilize the Scarborough GateWay website for content that is pornographic, promotes national socialism, is racist, harmful to children, or glorifies violence.
4. Inspection: Scarborough GateWay maintains the right to inspect, edit, delete, or block content that breaches user obligations or legal requirements, without incurring any liability. This applies even if a violation is merely suspected. There is no obligation to publish any images or contents on the Scarborough GateWay website.
5. Copyright: By uploading any content to the server, the user affirms that they have the right to submit this content for publication on the Scarborough GateWay website, without expecting any compensation from Scarborough GateWay or any other parties.
6. Indemnity clause: The user releases Scarborough GateWay from all claims that other parties may bring against them due to a breach of their rights, particularly in relation to copyrights, licensing rights, competition laws, or any other property rights related to the content provided by the user. The user agrees to compensate for all costs arising from legal action taken due to these rights violations. The user also agrees to assist Scarborough GateWay in addressing any third-party claims related to their content, including providing all necessary documents for legal defense.
7. Subject to consent: The website Scarborough GateWay and its content are protected by copyright and other property rights. The use of this content is governed by existing copyright laws and property regulations, and any use, including extracts, requires prior consent from the rights owners. Copying of content, whether by saving it locally or printing it, is not permitted.
8. Privacy: Scarborough GateWay commits to adhering to privacy and data protection regulations.
§ 3 Liabilities and limitations
1. System failures: Scarborough GateWay aims to provide service 24 hours a day, seven days a week, year-round. However, this does not include unforeseen traffic peaks that may cause server failures, or any issues resulting from unauthorized intrusions (e.g., hacking) that could not have been prevented by reasonable technical and economic measures. Scheduled maintenance periods will be communicated in advance and are not considered a breach of Scarborough GateWay's contractual obligations. Scarborough GateWay cannot guarantee constant availability of its internet services. If events such as labor disputes, natural disasters, war, riots, or other circumstances beyond its control hinder Scarborough GateWay from fulfilling its contractual duties, there will be no legal consequences.
2. Exemption from liability: Scarborough GateWay is not responsible for contracts established between its users. The user also releases Scarborough GateWay from all claims made by other users or parties due to their use of Scarborough GateWay. If other users' or parties' rights are infringed by the content provided or by other activities such as message board posts or messaging, the user must cover all related legal defense costs, including legal fees. This does not apply if the user can prove that they were not responsible for the rights infringement.
3. Limitation of liability: Regarding business partners, Scarborough GateWay's liability is limited to cases where essential contractual obligations are breached and only if Scarborough GateWay, its legal representatives, or its executive employees acted with intent or gross negligence. For all other employees and agents, Scarborough GateWay's liability is only applicable in cases of intent and only for breaches of essential contractual obligations due to intent or gross negligence. Scarborough GateWay is not responsible for consequential damages, particularly lost profits, unless intentional or grossly negligent behavior is demonstrated by its legal representatives, executive employees, or other employees and agents. In the absence of willful misconduct or gross negligence, Scarborough GateWay’s liability is limited to damages that are typically foreseeable at the time the contract was formed. For consumers, Scarborough GateWay is generally only liable for damages arising from intentional or negligent breaches of obligation. This limitation applies to all legal representatives and employees of Scarborough GateWay. If essential contractual obligations are violated, Scarborough GateWay may be liable for any negligent acts by its legal representatives and employees. In the absence of willful misconduct or gross negligence, this liability is again restricted to damages that are typically foreseeable at the time the contract was formed. The aforementioned liability limitations do not apply if Scarborough GateWay provides explicit guarantees, nor do they apply to damages related to loss of life, personal injury, or health damage, or in cases where mandatory legal regulations are applicable.
§ 4 Final Provisions
Scarborough GateWay reserves the right to modify the terms of use and general conditions without providing reasons. All changes will be announced in a timely manner on the Scarborough GateWay website, and users will be asked to confirm their compliance. If a user does not object, the modifications will take effect. If a user objects, the account will be terminated. If one or more of these regulations becomes ineffective, the remaining regulations will still remain in effect. The contractual partners will replace the ineffective terms with provisions that best reflect their intentions. This also applies to any potential omissions in these terms of use.