User Agreement (version January 2011)
This agreement describes the general terms and conditions that apply to the use of the services offered by Seesle, hereinafter referred to as: Seesle, at www.seesle.com. Seesle may amend this user agreement by placing a new, adjusted agreement on the website. Amendments shall enter into force 30 days after their publication or at such other time as stated in the publication. This agreement may not be deviated from, save with the prior written approval from Seesle.
Article 1 Definitions
- Seesle.com: Seesle’s website, Seesle.com;
- Art: each personally created, creative expression in whatever form;
- Seesle, owner and operator of the website and the brand and domain name Seesle.com;
- Agreement: the Agreement between the purchaser and the seller who make use of Seesle.com;
- Advertiser: the person who places an Advertisement on Seesle.com, thereby offering goods and/or services for sale or seeking to purchase goods and/or services;
- Advertisement: the Advertisement by which the Advertiser offers goods and/or services for sale or seeks to purchase them;
- Gallery: a space on the Seesle.com website, made available by Seesle to an Advertiser for placing advertisements, in such number as will be determined by Seesle (personal exhibition space); a gallery is linked to the unique internet address to be assigned to the Advertiser;
- Bulletin board: a reserved space on the Seesle.com website where Users can post notices;
- Children’s corner: a reserved space on the Seesle.com website where Art made by children up to and including the age of 16 can be exhibited;
- Agenda: a reserved space on the Seesle.com website where Users can announce art-related events, such as exhibitions;
- Newsletter: periodically issued e-mail messages by which Seesle provides information about Seesle.com;
- User: the person who, subject to registration on the Seesle.com website, can take advantage of the possibilities offered on the website, i.e. can purchase, sell, participate in the forum and post notices on the bulletin board;
- Personal data: data to be provided by the User of Seesle.com and traceable to his or her person, including without limitation, name, address and place of residence, e-mail address and bank account number;
- Force Majeure: each circumstance, independent of Seesle’s will, as a result of which Seesle is wholly or partially prevented from fulfilling its obligations towards third parties or cannot reasonably be required to fulfill its obligations ;
- Weblog: a personal logbook to be kept by the holder of a Gallery on his/her Gallery;
- Print on demand: Seesle offers the opportunity for artists to sell a reproduction of an original piece of work in a limited limited
Article 2 User Agreement
1. These terms and conditions of Seesle.com apply to access to and use of the Seesle.com website and to each User.
2. The applicability of other general terms and conditions is excluded, unless explicitly agreed otherwise.
3. If and insofar as any provision of the general terms and conditions is declared void or nullified, the other provisions of the general terms and conditions will remain in full force.
4. These general terms and conditions are governed by Dutch law. Disputes shall be submitted to the competent court in Utrecht, the Netherlands.
5. The user agreement between the User and Seesle, and thereby acceptance of these general terms and conditions by the User, materialises by registration of the User on Seesle.com.
6. Seesle has the right to refuse or deny a User access to and use of Seesle.com without stating reasons.
Seesle reserves the right to exclude any person any use of Seesle.com if, entirely at Seesle’s discretion, his or her acts are in any way contrary to the law, the public order, the public morality and/or these general terms and conditions, such without prejudice to Seesle’s right to take further legal action and/or claim damages. Seesle reserves the right to restrict or discontinue services, remove hosted content and take technical and legal measures to bar Users from Seesle.com, if Seesle believes they cause problems or fail to act in accordance with the letter or the spirit of Seesle’ s policy.
7. Seesle explicitly reserves the right to blacklist such Users.
Article 3 Platform
1. Seesle.com only facilitates contact between purchasers and sellers. Seesle is never a party to an Agreement concluded between a purchaser and a seller using Seesle.com.
2. Seesle only provides the technical means and the Seesle.com platform that make it possible to conclude Agreements. Seesle is thus not responsible for the Advertisements placed on the website and disclaims any liability in that regard.
3. Although Seesle.com offers the possibility to sell goods by auction, it is not an auctioning firm in the normal sense of the word. Also in relation to auctioning, Seesle.com only functions as a platform and Seesle.com is thus in no way involved in the actual transaction between purchaser and seller.
Article 4 Prices
1. The Advertiser is allowed a maximum number of advertisments placed on Seesle (1 Ad per piece of art).
2. With simultaneous placement of ads more than the aforementioned free number, and / or placing work above a certain asking price, a cost will be determined for the Advertiser by Seesle.
3. When placing Ads for auction, or with price on request, or when exhibited, a cost will be determined for the advertiser by Seesle.
4. In default of payment of the amounts referred to in this article by Advertiser, Seesle will be forced to remove ads so that the maximum number of ads may not exceed the free limit.
5. The amounts payable by the Advertiser to Seesle and the maximum numbers are determined by Seesle and listed on the website. Seesle has the right to change the price and numbers. This changes will enter into force as of the moment of change, unless specified otherwise.
Article 5 Advertisement
1. Seesle gives the Advertiser the opportunity to offer Art or Art-related services for sale by placing an Advertisement on Seesle.com against payment.
2. It is exclusively at Seesle’s discretion whether or not an Advertisement is accepted for placement and/or whether a placed Advertisement is removed again, which decision by Seesle is not open to discussion.
3. All information on the website regarding the Art on offer originates from the Advertiser. The Advertiser is responsible for the accuracy and completeness of the Advertisement and the information provided, as well as for the conformity of the Art concerned, i.e. the Advertiser guarantees that the Art offered in the Advertisement is in fact as described by the Advertiser.
4.a. The Advertiser is entitled to place photo material when offering Art on Seesle.com, provided that such photo material must meet the quality requirements regarding visibility and sharpness set by Seesle. Seesle may, entirely at its own discretion, refuse photo material offered or remove photo material from the site, without stating reasons.
4.b. The previously cited photo material must meet the following requirements:
- the photo material the Advertiser wishes to place must be delivered to Seesle.com as a JPG file, to the exclusion of other formats;
- the resolution of photographs must be at least 400 x 400 pixels by 72 dpi;
- a photograph of the Art may only show the Art itself, i.e. paintings etcetera must be photographed without frame and/or passe-partout, while sculptures and ceramics must as much as possible be photographed to fill up the image;
- Seesle reserves the right to refuse or adjust photographs that do no meet the above requirements; adjustments are made if the object photographed does not fill up the image; any adjustment of a photograph by Seesle whereby excessive edges are cut off may have the effect that a part of the photographed Art is no longer visible, particularly if the photograph is crooked;
- by delivering photo material to Seesle, the Advertiser consents to any adjustment thereof deemed necessary in Seesle’s exclusive opinion;
- Seesle reserves the right to change the above-described requirements.
5. By placing an Advertisement, the Advertiser grants Seesle permission to place the information contained therein, including photo material of the Art concerned, on Seesle.com.
6. The information provided by the Advertiser in an Advertisement or otherwise must bear a direct relation to the Art to be sold or purchased. The Advertisement may not be used as a general means of communication and may not recommend the Advertiser’s services and/or products in general. Seesle reserves the right to remove information from the Advertisement or have same removed at its own discretion and without stating reasons.
The Advertiser is explicitly prohibited from including referrals and/or hyperlinks to competing sites in the Advertisement, all such entirely at Seesle’s discretion.
Only Advertisers with a Gallery on the Seesle.com website are permitted to include a hyperlink in an Advertisement, provided that the link is the Advertiser’s own site and provided that the site referred to contains a hyperlink to the Seesle.com site, in accordance with the layout provided by Seesle, and does not contain referrals and/or hyperlinks to competing and/or commercial art sites. Seesle reserves the right to remove hyperlinks or have same removed at its own discretion and without stating reasons.
7. It is the Advertiser’s responsibility that the Art offered in the Advertisement does not infringe on (intellectual property) rights of third parties, does not violate the law and/or regulations, is not offensive, aggressive, threatening, obscene, insulting, discriminating, inaccurate or misleading and does not contain any commercial advertisements.
8. If, when submitting the Advertisement, the Advertiser indicates that Users may comment on the Art offered for sale, the Advertiser has thereby waived the right to object to comments being made.
9. Advertisements may only be placed and bids in response to Advertisements may only be made by persons who can conclude legally binding agreements under Dutch law. Seesle.com’s services are also not available to minors or persons temporarily or permanently denied the use of Seesle.com’s services.
Article 6 Obligations of the Advertiser
1. The Advertiser shall ensure that the description of the Advertisement submitted is such, that it can be placed in the right category. Seesle.com has the right to correct or change an Advertisement offered in such a manner that the provision of incorrect information and/or incorrect categorization are avoided.
2. The Advertiser undertakes not to act contrary to the law and/or regulations or Seesle.com’s policy regarding forbidden content of Advertisements, not to provide incorrect or misleading information, not to act in violation of the rights of third parties, not to distribute messages containing spam, chain letters or pyramid schemes, not to spread viruses or other technology that may adversely affect the interests or property of Users of Seesle.com, not to encumber Seesle.com’s infrastructure unreasonably, not to disturb the proper functioning of Seesle.com and not to copy, modify or spread personal data of third parties.
Article 7 Placing an Advertisement
1. If the placement of an Advertisement is subject to payment to Seesle, the Advertisement will be placed on Seesle.com after the Advertiser has correctly followed the payment procedure set out on Seesle.com and Seesle has received confirmation thereof.
2. As long as possible, Seesle will manually check if an Advertisement is correct. If it should at any time appear that an Advertisement violates these general conditions, Seesle will be entitled to remove the Advertisement immediately. Any payment or payments already made to Seesle in connection with the Advertisement will not be refunded.
3. If Seesle is required to call in (legal) assistance to collect amounts payable to it, the Advertiser shall compensate Seesle for the legal and other costs incurred.
Seesle may immediately bar the Advertiser from using Seesle.com and simultaneously remove or procure removal of all Advertisements placed by him if the Advertiser acts contrary to the payment procedure of Seesle.com.
Article 8 Art
The Advertiser guarantees that the Art offered by him/her on Seesle.com is original and that no second, identical specimen thereof exists, which means that signed and/or numbered graphics are permitted, but posters are not. If the Art offered is a replica, the Advertiser shall state same in the Advertisement, with reference to the original specimen.
If the Art offered is not in optimum condition, the Advertiser is obliged to mention this in the Advertisement.
Article 9 Bulletin Board
The use of the Bulletin Board is subject to the same conditions as apply to Advertisements, meaning, among other things, that Seesle may refuse notices and/or remove notices placed without stating reasons. Insofar as relevant, Articles 5 through 7 apply by analogy. How Users may use the Bulletin Board is determined exclusively by Seesle.
Article 10 Weblog
The use of a weblog is subject to the same terms and conditions as apply to Advertisements, meaning, among other things, that Seesle may refuse notices and/or remove notices placed without stating reasons. Insofar as relevant, Articles 5 through 7 apply by analogy. How Users may use a weblog is determined exclusively by Seesle.
Article 11 Children’s Corner
Users may use the Children’s Corner to place Art made by children up to and including twelve years of age; other Art is not permitted in the Children’s Corner. The use of the Children’s Corner is free of charge. The Children’s Corner may only be used to exhibit Art, not to offer Art for sale or auction Art. The use of the Children’s Corner is subject to the same terms and conditions as apply to Advertisements, meaning, among other things, that Seesle may refuse Art and/or remove Art placed without stating reasons. Insofar as relevant, Articles 5 through 7 apply by analogy.
How Users may use the Children’s Corner is determined exclusively by Seesle.
Article 12 Agenda
Users may use the Agenda to place notices. The use of the Agenda is free of charge. The use of the Agenda is subject to the same terms and conditions as apply to Advertisements, meaning, among other things, that Seesle may refuse notices and/or remove notices placed without stating reasons. Insofar as relevant, Articles 5 through 7 apply by analogy.
How Users may use the Agenda is determined exclusively by Seesle.
Article 13 Removal of Publication
1. Each User has the right to request Seesle to remove a certain publication, i.e. an Advertisement or a notice on the Bulletin Board, from Seesle.com. It is entirely at Seesle’s discretion whether or not such a request is complied with.
2. Seesle reserves the right to remove Advertisements with regard to which a party claiming entitlement to the same has informed Seesle that it infringes on its/his/her (intellectual property) rights.
3. Seesle has the right to refuse an Advertisement and/or a notice for the Bulletin Board and/or the Forum and/or remove a placed Advertisement and/or notice.
Article 14 bidding
1. Art or services may be offered for sale via Seesle.com at a fixed price or be put up for auction.
2. If Art or services is/are offered for sale at a fixed price, which de facto means that interested parties are invited to make a bid, the following rules apply:
a. Bidding on Art or services offered via Seesle.com is optional. This means that the making of a bid does not entail the obligation to actually purchase the product or service.
b, The Advertiser is not obliged to sell to the person making the highest bid.
c. No Agreement exists until after the Advertiser has accepted a bid in writing and the bidder has subsequently confirmed the bid. At that time, both parties will be under a legal obligation to perform the Agreement.
d. Fake bidding is not accepted on Seesle.nl and may lead to the User concerned being barred from the website.
3. The following applies if Art or services is/are put up for auction:
a. the Advertiser shall indicate state the end date of the auction, whether there is a minimum price, and what the minimum price is;
b. the person having made the highest bid at the end of the auction, at least equal to the minimum price, is obliged to transact with the Seller, provided the Seller accepts the bid;
c. if a bid is equal to or higher than the stated minimum price, the Seller is obliged to transact with the person having made the highest bid at the end of the auction;
d. the provisions under b and c above do not apply under exceptional circumstances, for example, if the Purchaser fails to comply with the conditions of the offer (such as the payment method) or if it appears impossible to check the identity of the Purchaser or the Seller or if, upon a personal inspection by the Purchaser at a location stated by the Seller, the Art appears to fall short of the Purchaser’s expectations.
Article 15 Prohibitions
1. It is prohibited to export data in any way from the Seesle.com website to other sites or harvest or collect them in any other way for use by third parties.
2. Third parties are prohibited from multiplying Seesle.com or making it available. Downloading and watching Seesle.com for private purposes is permitted.
3. It is prohibited to use personal data, addresses and/or e-mail data set out on or available from Seesle.com, unless within the framework of the normal use of Seesle.com, i.e. for the purpose of a possible Agreement.
4. Such data shall under no circumstances be processed for other purposes, meaning, among other things, that it is prohibited to send a User (unsolicited) e-mail(s) or e-mails with a general content, not directly related to the content of the Advertisement, such regardless of whether the messages concerned are of a commercial nature, or send a User (unsolicited) e-mail(s) with an offer of commercial products or services, such regardless of whether the products or services concerned are (indirectly) related to the content of the Advertisement, or collect e-mail addresses of Seesle.com users and/or Advertisers.
5. A person acting (partially) contrary to the provisions of this article will forfeit an immediately payable penalty of € 2,500,- (in words: two thousand five hundred Euro) per event, the use of a single (personal) datum counting as one event, without further warning, notice of default or judicial intervention being required.
Article 16 Indemnification
1. Users, purchasers and/or sellers shall resolve their own disputes. The User shall hold Seesle (and all its personnel, managers and agents) harmless from all possible claims, claims to compensation, etcetera, in relation to such disputes.
2. The Advertiser shall hold Seesle harmless from any legal claim by reason of the Advertisement’s alleged infringement of the (intellectual) property rights of third parties.
3. The Advertiser shall hold Seesle harmless from all claims by third parties in connection with the Advertisement and its placement and the content and data placed by the Advertiser on or provided to Seesle.com.
Article 17 Canvas Prints
1. Seesle allows Advertisers the opportunity to sell (a selection of) their original art on Seesle as limited edition reproductions.
2. Reproduction, shipping and the financial transaction are cared for by Seesle. Therefore the Advertiser and Seesle will determine the price depending on size and carrier.
3. The amount payable by the Advertiser to Seesle are determined by Seesle and listed on the website. Seesle has the right to change the price. This changes will enter into force as of the moment of change, unless specified otherwise
4. An Advertiser may determine prices for individual prints for re-sale and may decide how many reproductions are printed. The difference between the sale price and the transaction costs due to Seesle, are transferred after the sale (from Seesle) to the Advertiser.
5. The Advertiser is to pay transaction costs to Seesle which is determined by Seesle and has been made known on the website. Seesle has the right to change prices, the revised prices will apply from the moment of change, unless otherwise indicated.
Article 18 Liability
1. Seesle is not responsible for the actions of the Advertiser or for the Art and/or services offered for sale or delivery by the Advertiser, nor is Seesle responsible for the quality, safety or lawfulness of the Art and/or services offered.
2. Seesle is not liable for the content of the Advertiser’s Advertisement nor for the (possible) infringement of the (intellectual property) rights of third parties by placement of the Advertisement on Seesle.com.
3. Regardless of whether Seesle decides to bar a User from Seesle.com, Seesle disclaims any liability with regard to unauthorized or unlawful use of Seesle.com by Users.
4. Seesle excludes any liability for any damage whatsoever, directly and/or indirectly arising from and/or caused by the use of Seesle.com.
5. Seesle disclaims any liability for damage of any nature caused by and/or arising from:
- acts performed by third parties, such as the conclusion of an Agreement, that are supposedly prompted by Advertisements on Seesle.com;
- the impossibility to use Seesle.com;
- the non-compliance with the specifications of a product or service in an Advertisement on Seesle.com;
- incorrect, incomplete or outdated information on Seesle.com;
- the unlawful use of Seesle.com by a third party;
- acts by third parties after conclusion of an Agreement using Seesle.com.
6. The limitations on the liability for direct and/or indirect damage set out in these general conditions do not apply if the damage has been caused through intent or gross negligence on the part of Seesle or its subordinates with regard to Seesle.com.
7. Seesle’s liability for direct damage resulting from an attributable failure with regard to the placement of the Advertisement, in terms of accuracy, completeness and timeliness, is limited to the amount the Advertiser has paid to Seesle for the placement.
8. Seesle is not liable for indirect damage, including without limitation, consequential damage, lost profit, lost savings, trading loss and loss of data.
9. Seesle.com contains referrals to websites of third parties, for example by means of hyperlinks, banners or buttons. Seesle does not control such websites and is not responsible for the content of such websites. The use of such websites is subject to the general conditions of those websites, unless explicitly agreed otherwise.
10. The services of external service providers, including without limitation, those of Triple Deal, are subject to the privacy rules of those service providers. Seesle is not responsible and/or liable for the legal acts or the policy of such service providers.
Article 19 Obligations of Seesle
1. Seesle will reasonably endeavor to protect its systems against loss and/or any form of unlawful use and take appropriate technical and organizational measures for that purpose, based on, among other things, the state of the art.
2. Seesle is not obliged to fulfill one or more obligations if prevented from doing so by Force Majeure.
3. Seesle explicitly reserves the right to change the activities with the Seesle.com website, including a name change or termination. Termination will as much as possible be effected with due regard to the interests of the Advertisers in respect of Advertisements on the website at that time.
Article 20 Contact
Problems and/or any insulting or slanderous text placed on Seesle.com by third parties may be reported by e-mail to info@Seesle.com or by mail to: Rembrandtlaan 24e, 3723 BJ Bilthoven.
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