Welcome to PLATNUM, the online service that provides a platform to showcase visual artists and their visuals (the 'Service'). The Service is owned and operated by PLATNUM, Inc. ('PLATNUM' or 'us'). The specific features and functionality of the Service are determined solely by PLATNUM and are subject to change or termination without notice.
PLATNUM provides a platform through its website, www.platnum.co (the 'Site') where registered users can, subject to these Terms, engage in the following services, including without limitation, search a database of visual images, download images to a lightbox, contact us regarding a license request, request an image, contact an artist, its agent, its gallery, request an art print/book, or artist's services as applicable. In addition the Service may select visual images as part of a gallery section of the site, in the blogs section or as part of other offerings connected with the Site.
Although the Service may help Users connect with an artist, its respective agent or gallery, (collectively 'Artist') PLATNUM is not responsible for the information exchanged, nor any subsequent licensing, assignment or other transactions between users and Artists including without limitation, any information made available through the Site.
Specifically, PLATNUM makes no representation or warranty whatsoever as to (a) whether any Artist you select is qualified or appropriate for the services or products you seek, or (b) the quality of any services or goods provided by an Artist. By using our Service and the Site you agree that you do so at your own risk.
User hereby releases and agrees to hold harmless PLATNUM, its users, managers, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from any services or products of Artists accessed through the Service.
Disclaimer of Warranty and Limitation of Liability
User acknowledges and agrees that the service is provided 'as is' and therefore user will not have any claim or demand against PLATNUM in respect to the service's or products accessed through this service. The use of the service is at the user's sole risk. To the fullest extent of the law, PLATNUM expressly disclaims all warranties of any kind, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy.
PLATNUM expressly disclaims all warranties for information posted or transmitted by users. The user shall not have any claim or demand against PLATNUM, its affiliates, and their respective officers, members, managers, directors, shareholders, employees, sub-contractors and agents in respect to the information user receives and/or relies on. Other than artists represented directly by PLATNUM, PLATNUM will not be deemed the provider of any services or information acquired through the service.
Under no circumstances will PLATNUM, its affiliates, and their respective members, managers, directors, shareholders, officers, employees, sub-contractors and agents be liable to any user for any indirect, incidental, consequential, special, punitive or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in action of contract, negligence or other tortious action, or arising from the services or any provision of these terms.
In the event of a dispute regarding any transaction conducted through the Service, the user hereby relieves PLATNUM, its affiliates, their respective officers, members, managers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys' fees, which User may have against one or more of the above.
By submitting the registration form, you represent, warrant and agree to the following:
- You are at least 18 years of age; and
- The information furnished by you in the registration form is accurate, true and complete, and you will maintain and update such information during the effectiveness of these Terms so that it will remain true, accurate, current and complete.
Any information or content that a user posts or transmits on the Service ('User Content') will be the sole property of the user and the user shall be the owner of the intellectual property rights in and to such User Content ('User IP Rights').
User hereby grants to PLATNUM a non-exclusive, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public through the Service the applicable User Content on a world-wide basis solely in connection with the offering of its Service.
You will be solely and fully liable for all conduct, postings and transmissionsthat are made under your user name and password. You warrant and declare that while you are using the Service you will act according to the following rules and agree to the following:
- User will not interfere with or disrupt the Site's servers or networks connected to the Site;
- User will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit 'junk mail', 'spam', or any unsolicited mass distribution of email or bulletin board postings;
- User will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;
- User will not disobey or breach these Terms or any other applicable instructions conveyed by PLATNUM;
- User will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
- User will not upload, post, e-mail, transmit or otherwise make available:
(a) any information or material that infringes upon a third party right, including, without limitation, copyright, trademark or other intellectual property rights or rights of publicity and privacy;
(b) any third party advertisements, including banner exchange services;
(c) any software viruses, Trojan horses, worms or any other malicious application or code; or
(d) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
- User will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity;
- User will not stalk, threaten or harass Reviewers or other Users or infringe upon or attempt to infringe upon their privacy; and;
- PLATNUM may, in its absolute discretion, refuse to post or transmit or remove any User Content. Without derogating from the generality of the above, PLATNUM may remove any User Content violating these Terms;
User Name and Password
When you register and create an account with PLATNUM, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify PLATNUM of any unauthorized use of User's password, user name, e-mail, or any other breach of security. PLATNUM will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by PLATNUM due to someone else's use of your account or password.
Modifications and Termination of the Service
PLATNUM reserves the right to modify or discontinue, temporarily or permanently, the Services, with or without notice to User. User agrees that PLATNUM shall not be liable to user or any third party for any modification or discontinuance of the Service, or for any losses or damages that may result to User from such discontinuation or interruption of Service.
PLATNUM's services depend on various factors such as software, hardware and communications networks of PLATNUM, its contractors and suppliers. Hence, PLATNUM cannot guarantee that the Service will be uninterrupted or that it will be timely, secure or error-free.
PLATNUM, in its sole discretion and for any reason, may terminate User's participation in the Service and refuse any and all current or future use by User of the Service.
PLATNUM is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in the Site (except for User Content and User IP Rights) and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein.
The Service contains copyrighted material, trade secrets and proprietary information owned by PLATNUM. These Terms do not grant the User any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Service. The User may not create derivative software based upon any trade secret, intellectual property or proprietary information of PLATNUM. Furthermore, the User may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in the Service.
The User may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of PLATNUM and platnum.co, or take any other action that infringes upon or impairs PLATNUM's trademark rights.
PLATNUM shall retain all ownership in and to platnum.com and all content displayed on platnum.com, including copies of information transferred or received by User through the Site, other than User Content.
PLATNUM respects the intellectual property of others, and we ask our users to do the same.
PLATNUM may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PLATNUM's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. a description of where the material that you claim is infringing is located on the Site, including the URL;
4. your address, telephone number, and email address;
5. 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; and
6. 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.
PLATNUM's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
By mail: Copyright Agent
150 West 28th Street #1801
New York, NY 10001 USA
By phone: in the US 212 414-1622
By email: [copyright]@platnum.com
PLATNUM grants User a nonexclusive, revocable right to use the Service on the Site provided that User does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, or breach these Terms.
User shall indemnify, defend and hold harmless PLATNUM, and its members, managers, employees, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against PLATNUM or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from:
(a) any breach by user of any provisions of these Terms;
(b) or any User Content User had posted to the Site or transmitted through the Service, or otherwise provided.
Any notice or other communication to be given hereunder will be in writing and given by electronic mail. The date of receipt shall be deemed the date on which such notice is given.
This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. All disputes arising under or relating to these Terms or to your use (or inability to use) of the Site shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ('Supplementary Procedures'), as amended by the terms of these Terms. The Supplementary Procedures are available online at www.adr.org. To the extent that the arbitrator deems reasonable, the arbitrator may conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the County of New York in the State of New York. The arbitrator's decision shall be based upon the substantive laws of the State of New York without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. The foregoing shall not preclude PLATNUM from seeking any injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in New York County in the State of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
User shall not assign his or her rights or obligations in connection to these Terms, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of PLATNUM. Any purported assignment by User without the appropriate prior written approval will be null and void and of no force or effect.
Modifications to these Terms
PLATNUM may change these Terms or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, User is encouraged to check the Terms frequently. By using the service or Site after the changes, User agrees to be bound by such changes to these Terms.
Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. These Terms shall be interpreted only in accordance with the laws of the State of New York (excluding any rules governing choice of laws. These Terms will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. These Terms constitute the entire agreement between PLATNUM and user with respect to the subject matter hereof, and user has not relied upon any promises or representations by PLATNUM with respect to the subject matter except as set forth herein. The Service is not open to users who live in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States.
No amendment to these Terms will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.
The User may report any violation of these Terms to firstname.lastname@example.org
Notice To California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the website is PLATNUM INC,
150 West 28th Street #1801
New York, NY 10001 USA
By phone: in the US 212 414-1622
By email: email@example.com
To file a complaint regarding the Site or to receive further information regarding use of the Service, send a letter to the above address, contact PLATNUM via e-mail firstname.lastname@example.org or telephone PLATNUM at 212 414-1622. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.