Wandart

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Privacy Policy

Wandart respects your privacy and is fully committed to protect your personal information and use it properly and in compliance with data privacy laws.This Privacy Policy explains what information we (together with our affiliated companies worldwide) collect and use pertaining to each of our Account holders and non-Account holders (such as Site visitors) through the Sites, how we use that information, and what choices you have with respect to the information we collect about you. The Sites and our services available via the Sites are collectively called the "Services". Please take a few moments to read this Privacy Policy before you access or use the Services. By using or accessing the Wandart Sites, you acknowledge that you have read and fully understood this Privacy Policy and our Terms of Service and that they both apply to your use of the Services. If you do not read and fully understand this Privacy Policy, please do not use the Sites or Services. This Privacy Policy is not intended to override the terms of any contract you have with us, nor any rights you might have under applicable data privacy laws. Where you have read this policy but would like further clarification, please contact us at support@wandart.art

1. What information do we collect?

To provide you the Services, we may collect personal information relating to an identified or identifiable natural person ("Information"). We collect Information in order to provide, operate and improve our Sites and Services, to administer your use of the Site or Services (including your Account, as defined below), and to enable you to enjoy and easily navigate our Site and Services. Additionally, we collect your information, among other reasons stated below, to provide you with ongoing customer assistance and technical support, and to enhance our data security and fraud prevention capabilities.

Information you provide us
When you register for our Services and create a Wandart account via the Wandart Sites (an "Account"), when you register for special services (e.g., the Print Program, Premium Content), sign up for e-mail newsletters and purchase products or services, information you include in your communications with us, we collect certain information such as your name, age/ date of birth, e-mail address.
Information collected through your use of the Site or Services.
When you are visiting or using our Site or Services, including when you browse the Site or a User Account, edit your Account and upload information and content, and/or download and use any Site feature or services, we are aware of it and will usually gather, collect and record such uses, and related information, either independently or with the help of third-party services as detailed herein, including through the use of "cookies" and other tracking technologies, as further detailed in section 5, below. Our servers automatically collect and record certain information about how a person uses our Services (we refer to this information as "Log Data"), for both Account holders and non-Account holders (such as Site visitors) (both will be referred to as a "User"). Log Data may include information such as a User's Internet Protocol (IP) address, mobile device identifier, browser type, operating system, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services on which a User clicked, the friends of Account holders who also use the Services, how often Users click on our advertisements, which files are downloaded most frequently, and which areas of our Site are the most popular and other statistics. We use this information to administer the Services and we analyze (and may engage third parties to analyze) this information to further develop, improve and enhance the Services by expanding their features and functionality and tailoring them to our Users' needs and preferences, and to make recommendations.
Information we collect from other sources
We cannot delete or change any Information that is stored on third party sites and services. In addition, We may receive information about you from third-party sources, such as (i) security providers, fraud detection and prevention providers to help us screen out Users associated with fraud, and (ii) advertising and marketing partners in order to monitor, manage and measure our ad campaigns.

2. How do we use such information?

We use your information for the following purposes
to provide and operate the Services; to enhance our data security and fraud prevention capabilities; To create aggregated statistical data and other aggregated and/or inferred information, which we may use to provide and improve our respective Services; to customize advertising and content available on the Wandart Sites, to send you service-related notices and promotional information about products and services that may be of interest to you and/or to conduct research for internal purposes; to help us in updating, expanding and analyzing our records to identify new Users; to facilitate, sponsor, and offer certain contests, events, and promotions, monitor performance, contact winners, and grant prizes and benefits; and to comply with any applicable laws and regulations.
We will only use your Information for the purposes set out in Section 2 where you give us your permission and/or we are satisfied that
1. our use of your Information is necessary to perform a contract or take steps to enter into a contract with you (e.g. to provide you with Services, to provide you with our customer assistance and technical support), or
2. our use of your Information is necessary to comply with a relevant legal or regulatory obligation that we have, or
3. our use of your Information is necessary to support legitimate interests that we have as a business (for example, to maintain and improve our Services by identifying user trends and the effectiveness of our promotional campaigns and identifying technical issues), provided it is conducted at all times in a way that is proportionate, and that respects your privacy rights

3. How we share your information?

Third Party Service Providers
We may share Information as well as aggregated information that we collect with third party service providers whose services and solutions complement, facilitate and enhance our own. These include but are not limited to hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, fraud detection and prevention services, industry analysis, web analytics, e-mail distribution and monitoring services, session recording and remote access services, performance measurement, data optimisation and marketing services, content providers, and our legal and financial advisors (collectively, "Third Party Services")
Information Disclosed for Our Protection and the Protection of Others.
Where permitted by local data protection laws, we will disclose Information when required by law or under the good-faith belief that such disclosure is necessary in order to conform to applicable law, comply with subpoenas, court orders or legal process served on Wandart, to establish or exercise our legal rights or defend against legal claims, and to protect the property or interests of Wandart, its agents and employees, personal safety, or the public. Under these circumstances, Wandart may be prohibited by law, court order or other legal process from providing notice of the disclosure, and Wandart reserves the right under those conditions not to provide notice in its sole discretion.

4. Use of Cookies and Similar Technologies

A cookie is a small file of letters and numbers downloaded on to your computer when you access certain websites. In general, cookies allow a website to recognize a users computer. The most important thing to know about cookies placed by Wandart is that they make our website a bit more user-friendly, for example, by remembering site preferences and language settings

5. Your rights in relation to your information

It is imperative that you will have control over your Information. That is the reason why we are taking reasonable steps in order to enable you to access, receive a copy of, update, amend, delete, or limit the use of your Information
We may ask you for additional information to confirm your identity and for security purposes, before disclosing the requested data to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.
You have the right to lodge a complaint with your local supervisory authority for data protection (but we still recommend you to contact us first).
For all Wandart Users, if you may review and amend your Information by logging in and navigating to your Settings page on the website. Once there, you may modify information that is incorrect and delete certain information from your profile.

6. Security

We have implemented security measures designed to protect the Information you share with us, including physical, electronic and procedural measures. Among other things, we offer HTTPS secure access to most areas on our Services; We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and Third Party Services for further enhancing the security of our Services and protection of our visitors' and Users' privacy. Regardless of the measures and efforts taken by us, we cannot and do not guarantee the absolute protection and security of your Information, or any other content you upload, publish or otherwise share with us or anyone else. We therefore encourage you to set strong passwords for your User Account, and avoid providing us or anyone with any sensitive information which you believe its disclosure could cause you substantial or irreparable harm. If you have any questions regarding the security of our Services, you are more than welcome to contact us at support@wandart.art

Copyright Policy

Copyright and Your Wandart Submission

Here at Wandart we respect the rights of all artists and creative people worldwide and we expect our members to also demonstrate that respect and assist us in creating a beneficial and positive atmosphere for all Wandart visitors and members. The bottom line is: Just about anything that is on this site, on the web, on TV, on CD's, on DVD's, in books & in magazines is probably copyrighted by someone.

Copyright can be a confusing territory for many people. In many cases the natural confusion over the sometimes varied circumstances surrounding copyright will lead people to rely on rumor or myth more often than the actual law which naturally confuses the matter even more.

In this document we will attempt to eliminate some of the confusion and counter many of the myths surrounding copyright and to present clearly the Wandart policies and practices with regard to copyright. The availability of this document should not be construed as rendering legal or other professional advice, and this document is not a substitute for the advice of an attorney. If you require legal advice, you should seek the services of a qualified attorney.

How do I get Copyright?

Under most national laws and international copyright treaties you receive a copyright automatically in any original work as you make it. Registration may be required to exercise some rights, like commencing a lawsuit. Copyright does NOT protect ideas. Copyright protects the expression of ideas or the ways in which an idea is materially placed or expressed in the work.

What is Copyright Infringement?

To simplify this question, copyright infringement occurs when you do certain things with a creative work which someone else produced without first getting the proper permission.

Some examples of copyright infringement (this is only a partial listing) can include:

Placing someone else's photograph or creative work online without proper permission.
Using a creative work commercially without permission.
Adapting someone else's creative work found in one medium to another medium, such as making a book into a movie or a photograph into a painting.
Modifying or editing a creative work without proper permission.

How Can I Avoid Infringing on Someone's Copyright?

The best way to avoid infringing on the rights of another creative person is to use your skill, talent and imagination to create your own completely original work. When we use the word 'original' we don't mean that you must come up with an idea which hasn't been used before - recall that copyright does not protect ideas. When used in reference to copyright "original" means that you created your work without referencing or deliberately copying anyone else's work during the process.

Ensure that all parts of your work, both visual and audio, are your own original creations. If you have used materials which are owned by other people or companies make certain that you have obtained proper permission or licensing for the use before you place your work online.

You can also obtain permission to use a copyrighted work by license.

What Sort of Things are Copyrighted?

The easy answer to this question is that just about any creative work that is less than 150 years old you might find should be considered copyrighted by default. A work is not required to have a copyright statement printed on it or near it in order to be considered copyrighted so do not assume that the work is unprotected simply because you cannot see a notice written anywhere.

Also do not confuse the fact that a work is publicly available with the idea that it is in the public domain or free for use. Being easy to find on the internet does not affect a work's copyrighted status. There are many exceptions to the 150 year guideline, but you are best advised to obtain legal advice from an expert if you intend to rely on the possibility that a modern work is not copyrighted.

Some Cautions

In most cases it does not matter how much of the material you have used, whether it's a single frame, a few moments of audio, a short clip of video or any other sampling it's still considered to be protected by copyright and you still require the owner's permission for use.
It doesn't matter how you obtained the material, it's still considered copyrighted and you still need permission. It doesn't matter whether or not you've credited the proper owner, it's still considered copyrighted and you still need permission.
It doesn't matter if you are not selling it or making a profit, it's still considered copyrighted and you still need permission.
It doesn't matter if you can find other people using things without permission, it's still considered copyrighted and you still need permission.
It doesn't matter if you've edited it a little bit or made a few alterations, if it's recognizable it's still considered copyrighted and you still need permission.
Read licenses carefully to understand the type of permission they provide. For example, there are many versions of the Creative Commons - each giving different permissions.

What Happens When You Submit Infringing Works to Wandart?

Any copyright owner following the procedures in this Copyright Policy can require Wandart to remove his or her copyrighted content in use by a member of Wandart. When through the proper notice we become aware that a submission to Wandart infringes upon the copyrights of another artist, creative person or company, we will immediately delete it. This is a legal requirement which we fulfill immediately; you will not receive an advanced warning and you will not be given an opportunity to 'fix it'.

If you believe that a submission on Wandart infringes on your copyright you may either report the submission using our internal reporting system or send us a copyright notice via mail or email. A member of staff will review your notice and act accordingly.

If you believe that one of your submissions was removed in error you may contact our helpdesk or otherwise file a counter notice.

If you are found to repeatedly post infringing content, your account will be suspended and serious offenders will have their account banned and deactivated. We consider three strikes as an indication of being a repeat infringer subject to ban.

If you are found deliberately misrepresenting the copyrighted work of another as your own your account will be immediately banned and deactivated.

The copyright owner may also decide to sue you directly if you infringe his or her copyright in posting content to Wandart.

What about "Fair Use"

"Fair Use" is the notion that some public and private uses of copyrighted works should not require the permission of a copyright owner. These circumstances are very limited, complex to analyze under the law and require the help of expert advice from a lawyer. We recommend you talk to your own lawyer if you want to know more about fair use as it applies to the work you are doing. If it turns out that it isn't fair use, you may be liable for very serious money damages.

If you take my work down am I protected from a lawsuit?

No. Even if Wandart takes an infringing work down, you may still be responsible for very significant damages if the copyright owner decides to sue you.

Notification of Copyright Infringement, Instructions for Copyright Owners

This section contains the formal requirements of the Copyright Act with respect to the rights of copyright owners whose content appears on Wandart without authorization and instruction to copyright owners.

To file a copyright infringement notification with Wandart (also commonly known as a "DMCA takedown notice"), the copyright owner or an authorized agent acting on his or her behalf will need to send a written communication that includes substantially the following:

A physical or electronic signature of the copyright owner or of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. In this regard please provide URLs when you identify the location of the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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