Uploads

Important Notice

Before uploading any images to the KULTURA website (“KULTURA”) you are asked to read the following upload guidelines (“Upload Guidelines”) and terms and conditions (“Ts&Cs”) which you and all other users (“Users”) are required to accept as a condition of uploading any image of any artistic work (“Work(s)”) to KULTURA. These Upload Guidelines and the Terms and Conditions set out below form a binding legal contract between you and StikiPixels Limited, (“we”, “us”) the company that owns and operates KULTURA.

Copyright

We take care to respect copyright and expect the same of you and of all other Users. Accordingly, you are asked to familiarise yourself with the following brief summary of the law of copyright. Under English law, copyright arises in original artistic works – including paintings, drawings, etchings, cartoons, sculptures, digital works, and photographs. The first owner of copyright is the person who created the work - artist, photographer, sculptor - unless the work was created in the course of employment, in which case the copyright will belong to the employer; if a work was commissioned and copyright was transferred by way of a signed agreement or other document then copyright will vest in the commissioning party. Copyright expires 70 years after the death of the creator of an artwork.

Upload Guidelines

What Works may or may not be uploaded?

Most art is fine; however, there is a small number of artworks we can't accept:

1. Memes from the internet - Memes you create with your work are ok.
2. Fan art - the main reason is copyright laws. For example, if you create a beautiful painting of Luke Skywalker, the copyright and associated trade marks are owned by Disney/Lucas so, unless prior written permission is obtained from them, such fan art may not be used.
3. Porn - even though KULTURA is rated 18+, porn will not be accepted. Of itself, nudity may be accepted if it is created with artistic intent; Whether or not the line between artistic expressions of nudity into porn is crossed will be a matter entirely for our discretion.
4. Screenshots from games - from third party video or other games - elements in such games will generally be subject to copyright; using screenshots will infringe copyright. (This applies to screenshots from other platforms as well, they can't be uploaded as 'art') but you can post them freely elsewhere.
5. Duplicates - only one copy of each artwork is allowed.
6. Other people's copyright artwork or artwork which was commissioned, even from you, and copyright transferred to the commissioning party will not be accepted unless you can first provide us with written permission from the copyright owners.
7. Public Domain works - Users may not upload any Work in the public domain. This doesn't apply to KULTURA/StikiPixels staff or volunteers who have special access for this purpose.

Removal of Offending Works

If a Work is uploaded that does not comply with the Guidelines and/or you are in breach of any of the Ts and Cs, offending Work(s) and/or all or any Works uploaded by you may be removed from KULTURA by us without prior notice and the upload code will not be refunded or replaced. Our right to do this enables us to act against trolls; if you would like to check if a Work is allowed before uploading it, feel free to email us at support@kulturaexmachina.com

Terms and Conditions

The following Ts & Cs apply to all Users of KULTURA including you and to all Works uploaded by Users to KULTURA

Your Works

1. In respect of each image reproducing a Work - any painting, drawing, sculpture, photograph, or other artistic work - that you upload and in consideration for its inclusion in KULTURA, you confirm that:

• 1.1 You own the copyright in each Work or, if not, you have the right from the owner
• 1.2 No Work violates or infringes the privacy rights, publicity rights, rights of copyright, trade mark rights or other intellectual property rights of any person or entity;
• 1.3 Your Works fully comply with our Upload Guidelines;
• 1.4 By accepting a Work we will not incur any liability to any third party;
• 1.5 You will indemnify us for any breach by you of these Ts and Cs.

2. You hereby grant to KULTURA the following rights:

• 2.1 The non-exclusive, worldwide licence to use and display each Work in KULTURA;
• 2.2 The right to grant all and any other Users the right to display Works in their Galleries; The right to use and display Works and in all and any form of marketing, advertising and promotion of KULTURA by all means and in all media now known or hereafter invented to include but not be limited to hard copy and online advertisements, online videos, newsletters, television and other commercials and via all social media.

Ownership of Works

3. The copyrights in and to all Works you submit and/or upload remain with you as the owner of such copyrights. Nothing contained herein shall be construed to transfer any copyrights in any Work to KULTURA. If at any time you cease for any reason to be entitled to include any Work in the KULTURA then you undertake to forthwith notify KULTURA.

Removal of Content

4. You understand and agree that KULTURA may review and delete without refund any Work and/or its description or profile that violates the Upload Guidelines or these Ts & Cs and/or in the sole judgment of KULTURA may be defamatory, blasphemous, racist, pornographic, illegal, or otherwise offensive or which in any way violates the rights including rights of privacy or harms, or threatens the safety of any other User or any third-party.

5. If you write to us and ask us to remove your works and your KULTURA profile – this is irreversible.

6. You agree and accept that upon our receipt of your written request that we cannot:

• 6.1 Offer refunds on Works after they have been removed;
• 6.2 Restore any Work or profile after it has been deleted;
• 6.3 Remove any content that may contain any one or more of your Works shared via videos, screenshots or by any other means and in any other media outside of KULTURA.

Refund Policy

7. We are under no obligation to offer refunds of art codes purchased or used.

Chargebacks / Fraudulent Payments

8. Chargebacks or fraudulent payments will result in an account/upload ban and any associated Works will be removed and unused codes deactivated.

Additional Legal Terms

9. We will operate KULTURA with reasonable care and skill.

10. By law, consumers have certain rights that cannot be excluded or altered by contract. Nothing in these Ts & Cs affects any rights that you may have as a consumer. Other than as expressly stated in these Ts & Cs or as required by law, we do not make any specific promises about KULTURA;

11. To the extent permissible by law we will not be responsible for

• 11.1 losses that were not caused by our breach of these Ts & Cs;
• 11.2 Any Work submitted by any User being found to be defamatory or offensive of or towards you or any other User;

12. Our maximum liability for any claims arising from or relating to your inclusion in the KULTURA is limited to the amount that you have paid us in 12 months before the date of your notice, in writing to us of the claim.

13. We may modify and/or alter these Ts & Cs - for example to reflect changes to KULTURA or for legal regulatory or security reasons. We will provide reasonable advance notice of any material modifications to these Ts & Cs and the opportunity to review them. However, changes addressing newly available features of KULTURA or changes made for legal reasons may be effective immediately. Changes will only apply going forward. If you do not agree to any modified Ts and Cs, you should remove all Works you have uploaded and discontinue your use of KULTURA.

14. If it turns out that any particular term(s) of these Ts & Cs is unenforceable for any reason, the remaining Ts & Cs will not be affected.

15. If you do not comply with these Ts & Cs and we take no immediate action that does not mean that we are prevented from taking action at a later date.

16. These Ts & Cs and the Upload Guidelines constitute the entire agreement and understanding between you and us and, save as provided for at clause 13 may not otherwise be varied or modified, except by a written document to which both you and we agree.

17. These Ts & Cs and the Upload Guidelines shall be governed by and construed in accordance with the laws of England and Wales and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.

Contact

If you have any questions about these terms, please contact us at support@kulturaexmachina.com