Gvanim Bekav: Terms of use

A. General
Welcome to Gvanim Bekav art gallery (gvanim-art) called under these terms "The Website" or under its name "Gvanim Bekav" (gvanim-art). Please read these terms carefully, since using the site, as well as accessing its various content, imply your agreement to these terms.

The site Gvanim Bekav (referred to as "The Website") allows you to access visual and written data concerning various artists, information that belongs to the owner of the "Website", as well as artist masterworks from the field of plastic and visual art. It serves as an online virtual gallery, with purpose to display and sell artworks, in Israel and across the world, their use in The Website and its contained information in accordance with the terms of this document.
The site "Gvanim Bekav" - "Copyright" is owned by Amikam Bar Garma, postal code 1326 Kefar Saba, zip 44113, email: gvanim.art@gmail.com, (thereby "The Website Proprietor")
Each and every person to enter The Website with the intention of purchasing goods or for the intention of watching, should read these terms thoroughly and declare that he is aware of and agrees to the terms of use of "The Website" and its instructions (thereby "The Website Viewer or User").
A third person, who may break any or all of the terms of "The Website", even by not entering "The Website", infringing its rights and/or its constituent parts in violation of the said terms or use will be liable to everything said in the terms document.
Everything displayed in "The Website", its methods, ideas, terms of use, intellectual property and copyright are the exclusive property of "The Website Proprietor", and their use for commercial purposes or unauthorized copying is forbidden.

B. General terms and conditions

The Website Proprietor or any of his delegates are not responsible by any means to any damage, directly, indirectly, expliclity or implicity caused to The Website viewer, user, potential buyer or Participant Artist caused by omissions, indiscrepancies or false information. The Participant Artist (Thereby - "The Participant Artist") holds all responsibility for any information displayed in "The Website" on her/his behalf and works.
The Website in its entirety, the interfaces, components, its design, the information contained within including the applications (thereby - "The Constituent Parts") are at the sole ownership of The Website Proprietor and owner, including those constituent parts whose legal rights and/or intellectual property rights belong to the "Participant Artists", whose names appear abbreviated.
The "Participant Artist" and "The Website Viewer or User" thereby - "The User" acknowledge that the use of the site is offered in its condition AS IS.
"The Website" as well as "The Website Proprietor" cannot be accountable for any damage or loss, direct or indirect, that will be caused to the "Website Viewer or User" and/or "The Participant Artist" or any other third person involved, including anything involving or concerning "The Website" and its contents, as well as any service or advertisement that stems from it, inclusive of financial estimations of intellectual property or any or all of the rights of the "Website User or Viewer" and/or display of their iconographic and biographical background.
"The Website User or Viewer" is thereby informed, and he/she declares that all the content of "The Website" and its "Constituent Parts" including the written texts, graphical design, marketing and commercial ideas and everything that stems from it, the artists displayed within, including pictures of their artworks as well as written biographies are all protected under the copyright of "The Website" and "The Website Proprietor" as well as those of the "Participant Artist".
All property rights are reserved to the "Website Proprietor". No unauthorized copying, reproducing, photographing, translating, receiving by transmission or broadcasting by any electric, optical, mechanical or other means. It is forbidden to store by means of storage mediums The Website or any part of it, as small as it may be, for commercial and/or private use, unless granted explicit and written permission, signed with the autograph of "The Website Proprietor".
"The Website" and "The Website Proprietor" are not and will not hold themselves accountable in the present or future for the way of ongoing activity in The Website, including delays and malfunctions coming from computer breakdowns, telephone systems, malicious or terrorist attacks, electronic malfunctions, national security status, natural disasters and consequences, or any other external or internal reason that may render The Website inoperable or inaccessible on the cyberspace of the Internet, for a limited time or an extended period.
"The Website Proprietor" reserves his right to change these terms and roles that stem from them, or any part of them, at any time, without notice.
The "Website Proprietor" and "The Website" reserve the right to choose whether to sell and for whom. The works displayed thereby do not imply consent for selling them, nor is "The Website Proprietor" obligd to sell any piece for anybody. The exclusive right of choice to sell any work is reserved solely by the "Website Proprietor".
"The Website Viewer or User" and "The Participant Artist" thereby declare that the Hebrew version of the homepage is found within the informative pages about the intern classes for painting and sketching and is displayed there for advertising the "Course Array" alone.
All rights in The Website are reserved to "The Website Proprietor", and all rights of "The Website Viewer or User" are kept in the offices of the gallery "Gvanim Bekav".
In any case of copyright or intellectual property right infringement by the "Website Viewer or User" or any other factor or external third party, The Website and its proprietor will not be held responsible for "The Participant Artist". The Participant Artist should prosecute independently for any violation of his copyright and/or intellectual property rights owned thereby. The Website and its properietor will not serve as a party in the prosecution.

C. Responsibility on behalf of The Website Viewer or User

The Website Viewer or User declares of having read the Gvanim Bekav terms of use document including all its branches, and sees himself committed to them by entering the site to abide by its regulations, conditions and restrictions.
He/she keeps a vow not to refer, directly or indirectly to any of the artists (E. G. - "The Participant Artists") displaying their works in The Website, but only via the "Website Proprietor".
Declares and knows well that the responsibility over the content of the work, its quality and price she/he pays, is exclusively her/his own, and that any advertisement or opinion on behalf of the "Website" or "The Website Proprietor", written or oral, refers to pieces or works in general, and does not refer to any specific work to be sold using the "Website" and "The Website owner". "The Website owner" thereby confirms he is given (also in the future) the possibility of examining the work prior to its purchase.
The works in the site are displayed anonymously - or under an alias - it is declared and agreed that from exposure of the artist's name and/or her/his address, the "Website Viewer or User" (thereby - "The Buyer") is obliged to purchase works by the artist only through the medium of the "Website Proprietor". For violation of this rule by the "Website Viewer or User", a financial lawsuit will be filed against him, valued and estimated by the duration and the damage.
An unauthorized direct call to the artist, without explicit consent from the "Website Proprietor" will be considered a gross infringement of the rights of "The Website" and "The Website Proprietor", and will grant them the right for a court lawsuit.
It is thereby agreed that all understandings, agreements, obligations and conditions appear in the terms of use document, or any part of them.
It is thereby declared and agreed that each violation or infringement of the copyright and intellectual property rights of "Participant Artists" offends their copyright and intellectual property rights by law, according to their statement, and in any case of transgression of the rights of "The Participant Artists" by the "Website Viewer or User" or any third party, the offender is sued by the "Participant Artists", directly or by a representative on their behalf.
It is thereby agreed that the arrangement of relation between sides in the lawsuit will be enacted according to the rules of the state of Israel, the sentence will take place in a court at Tel Aviv according to Israeli law, and the state of Israel and the court of Israel alone reserves the right to choose upon the place by the nature of the issue dealt.

D. The responsibility of "The Participant Artist"

"The Participant Artist" - thereby - "The Artist" declares thereby that before she/he made a mutual written contact arrangement with the "website participant" she/he had thoroughly read this document and has agreed upon all its branches.
The artist declares and obliges to refuse to grant or turn to property that has been already referred to by the "Website" and "The Website Proprietor" abroad or in the state of Israel to a third party on his behalf. In case that he does so, he will be sued for all compensation on account of any commercial, financial or other damage that results from the infringement of the terms of use.
"The Artist" will not be required to pay an ongoing usage fee, but rather a one-time payment for uploading his/her content to The Website, including translation to the English language only. On request of translation to another language, we require further payment.
In any case of agreement or Written Endorsement for displaying photocopies of the artist's work that is for an agreed period of one year, and a written and autographed agreement thereby - "A Written Endorsement" in ordinary printing media will be issued each year anew. Within a single year from the day of payment, the "Website Proprietor" reserves the right to remove the works and written material from The Website.
"The Written Endorsement" by "The Artist" to "The Website" and "The Website Proprietor" is conditioned by due payment as it is abovementioned in article D - 3, and by the delivery of an orderly and enforcing payment chart that reflects the size of the piece, materials, and technique or general description.
The artist agrees that his works be displayed anonymously, or using a pseudonym, and only if a transaction is made, the name of the artist and his personal details are exposed.
Simultaneously with conducting the deal with some property, the artist will sign a mutual contact agreement (thereby - "The Contact Agreement" stating the period of negotiation, its terms valid only from the moment of signing.
While the artist reserves the right not to sell a particular or any piece, her/his refusal to sell does not violate any agreement before unless she/he signs the "Contact Agreement".
"The Website" or "The Website Proprietor" is not obliged by any means to sell, display or mediate the sales of "the artist" at any time, neither is he compelled to sell at all, save and except displaying the works on "The Website" in accordance with the signed "Contact Agreement".
The artist affirms the works sent for display in "The Website" to be mere samples and not to be considered accurate representations of those meant for sale.
The artist professes as the sole owner of all rights regarding her/his works, as well as their originality, and their sufficiency for qualifying as intellectual property rights for him/her, while in any case of a third party prosecution due to infringement of others' rights, the artist is compelled to fund the "Website" and the "Website Proprietor" with due prosecution and lawyer expenses. The "Website" may also side in the prosecution of a third party.
"The Website" and "The Website Proprietor" will do their utmost to protect the pieces of "The Artist" displayed in the website using an electronic "Watermark", however, the artist agrees and declares that the entire resposibility due to violation of his rights by a third party is on the artist alone, as well as the expenses that result from the efforts to claim her/his rights.
The "Website" and "The Website Proprietor" take no responsibility over any injury or malusage by any third party, illegal use, as well as infringement of the artist's copyright or intellectual property rights.
A violation or disregard for the terms of use document or any branch of it grants the "Website Proprietor" the right to remove the artist, his/her work and any items related to him from "The Website", accompanied with a letter in country mail stating the reason for removal.
It is agreed thereby that the court of the state of Israel has the exclusive right over the terms of this document, while the laws of the state of Israel are valid over them, and the only source allowed to interpret them. The only authorized place for negotiation of these matters is Tel Aviv, and the city court of Tel Aviv alone.

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