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Terms of service

Published on December 21, 2020

This terms of service sets forth the agreement between you and New Artbeat ApS, regarding your access and use of our services on the New Artbeat platform.

Please read this agreement, because it contains important information about your access and use of our website, products, mobile applications, courses - all our services both online and physically. This user agreement, all polices and all terms and conditions posted on our site, set out the terms and conditions on the New Artbeat platform.

When using our services, you agree to comply to the terms and conditions on New Artbeat platform

You also accept our use of cookies, which you can read more about here.

Contact Information
New Artbeat ApS
Stenbukken 65
DK-5700 Svendborg,
Denmark

Email info@newartbeat.com
Cvr-nr 41717750

Services and products
New Artbeat is a digital platform for art, which connects artists and art lovers worldwide. We are designed to promote and support artists and galleries and to boost their career to a higher level. We provide a service for viewing and promoting original works of art.

Artists and galleries create their own showroom in New Artbeat and upload their art for sale. Here Art Lovers and buyers can browse high quality artworks for sale by artists and galleries around the world and connect with the artists and galleries directly. Communicating and dealing directly with the artist or gallery means that buyers can obtain information about the artwork from the artist or gallery before they buy art.

Artists or galleries control every aspect of the sales process, the information and photos included in the showroom, contact with buyers and arranging payment and shipping of the work to the buyer.

We do not charge any commission the sale of each artwork goes directly to the artist or gallery.

This is what makes New Artbeat one of the best places to promote, sell and buy art online.

New Artbeat is also a digital platform where artists and galleries can choose to sign up for our art guide NICE TO GO. This is an effective and smart guide to promote art / exhibitions / events / workshops / open doors. All Art Lovers and buyers looking for new exhibitions, events, workshops or open doors at galleries or at the artists studio are easily guided in direction of their interests.

Subscription
To promote you and your artworks through the New Artbeat Platform, you must sign up for a membership. When you have signed up you create a member account and make your own showroom allowing you to promote, sell your art and connect to art buyers, art collectors, galleries and artists, thus creating a global art community. With your membership in New Artbeat platform you pay a monthly fee, nothing else, no commission is charged.

New Artbeat promote your artworks, you are responsible and control every aspect of the sales process of your art. We do not charge commission, you keep 100% of the price you receive from the buyer of your artwork.

If you are an artist and not sure what price to ask for your artwork for a small fee New Artbeat can provide a guide on pricing your art.

Subscription Fee
When you sign up for your subscription plan, you agree to a recurring monthly subscription fee, and you accept responsibility for all recurring charges until you cancel your subscription. The monthly payment is a non-refundable advance purchase of that level of New Artbeat subscription for the applicable month and it will automatically renew every month. You can change your New Artbeat subscription by updating your settings at any time. You have access to the benefits of membership as long as you are covered by an active subscription.

The price of the subscriptions, benefits, content etc. will at all times appear on our website at www.newartbeat.com

New Artbeat is a danish platform used all over the world. All prices are stated in DKK and Euros. New Artbeat reserves the right to change prices, materials and other contents at short notice.

New Artbeat reserves the right to change the subscription fee. As a member you will be notified no later than 30 days before the changes take effect. Such a message is published on the website or sent to you via email.

You may cancel your monthly subscription at any time by logging into your account and follow the cancellation procedures described there.

User information
In the course of your use of our New Artbeat website, you are asked to provide certain personal information to us (such information referred to as "user Information"). Our information collection and use policies with respect to the privacy of such user information are set forth in our privacy policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of user Information, and you agree to keep it up to date. It is your responsibility to ensure that all your information is up to date at all times, in order to get the full benefit of the membership. Be aware of any risks that may arise from publishing personal information on the Internet.

You can always change your personal information yourself via “your profile” when you are logged in to our New Artbeat subscription system.

User information is stored throughout the membership period as well as for a limited period after termination of the membership, see under privacy policy.

Attention is also drawn to any risks that may arise from publishing personal information on the Internet.

Personal access
As a member of New Artbeat you get a personal access and code to the subscription plan you have signed up for

Passwords are managed and sent in a secure and encrypted format. New Artbeat does not have access to your passwords. The combination of email and password is confidential information that may not be passed on to third parties. You should make sure that unauthorized or illegal use of your subscription is prevented.

You have a 14-day right of withdrawal on subscriptions. If you are under 18 years of age, you must have the consent of your parents before the purchase is made.

New Artbeat has three different subscription plans; ARTIST, ARTIST EXTENDED, GALLERY

ARTIST subscription plan
As a member of the ARTIST subscription plan you get access to
- New Artbeat´s effective and smart digital marketing and advertising
- A worldwide art community and network
- A digital platform designed to promote your art
- A personal showroom (1 personal registration) containing your profile, 10 uploads for marketplace, list of your exhibitions, photos, text and files
- Organize and control your showroom
- Private communication between you and the art lover/ buyer
- Map to find you by location
- Full control of the sales process of your art
- Possibility of being top featured on New Artbeat univers

ARTIST EXTENDED subscription plan
As a member of the ARTIST EXTENDED subscription plan you get access to
- New Artbeat´s effective and smart digital marketing and advertising
- A worldwide art community and network
- A digital platform designed to promote your art
- A personal showroom (1 personal registration) containing your profile, 30 uploads for marketplace, list of your exhibitions, photos, text and files - including videos
- Organize and control your showroom
- Private communication between you and the art lover/ buyer
- Map to find you by location
- Possibility of being top featured on New Artbeat univers
- Full control of the sales process of your art
- Extended storytelling. Get people to know more about your artwork or exhibition using photo, video or text
- Access to NICE TO GO, a guide to your exhibitions/events/workshops/open doors

GALLERY subscription plan (for Galleries)
As a member of the GALLERY subscription plan you get access to
- New Artbeat´s effective and smart digital marketing and advertising
- A worldwide art community and network
- Online platform representing your artists and exhibitions
- A digital platform designed to promote your artists
- A personal showroom for your gallery containing a profile, 20 uploads per represented artist for marketplace, list of your artists and exhibitions, photos, text and files - including videos (1 gallery registration).
- Organize and control your showroom
- Private communication between you and the art lover/ buyer
- Map to find you by location
- Possibility of being top featured on New Artbeat univers
- Full control of the sales process of your art
- Extended storytelling. Get people to know more about your Gallery or exhibitions using photo, video or text
- Access to NICE TO GO, a guide to your exhibitions/events/workshops/open doors

Gallery subscription plan is reserved for galleries, not Art Groups. Artists in Art Groups are referred to our other subscriptions ARTIST and ARTIST EXTENDED. NTMYou reserves the right to suspend or terminate access for art groups, without notice, if they have violated our service offer by subscribing to Gallery.

If New Artbeat suspends or terminate access for art groups to this subscription agreement, the remaining part of the period paid for will not be refunded.

Purchase of individual assignments
As a member of ARTIST, ARTIST EXTENDED or GALLERY you have the opportunity to purchase stand-alone service, products and consulting assignments. If you want to buy extra private, targeted digital marketing for a period of time this can be done in addition to your subscription plan.

If you use the offers we have made with external partners, it is without responsibility for New Artbeat, as the agreement is directly with the third part company.

Payment
To access the subscription platform, you must attach a valid credit card to your subscription plan. The subscription fee is paid by deducting the fee from the credit card you have provided. Your account will be automatically upgraded once you successfully process your first monthly payment and authorize the ongoing monthly payment. The subscription is paid in advance monthly via the associated credit card. Your card will be automatically charged as of the effective date of your authorization, and each month thereafter

After the first payment, the subscription will be renewed on an ongoing basis in the form of a monthly payment.

You are responsible for ensuring that the credit card is still valid and that the account which, according to the agreement, is to be debited from the subscription fee on the due date, contains sufficient funds to cover the current subscription fee. In case of late payment, New Artbeat is entitled to charge a reminder fee. In the absence of payment, New Artbeat may terminate the agreement in whole or in part or otherwise restrict your access to our services.

If you want to renew the information on your payment card, this can be done via your subscription login.

You can pay with international cards VisaDankort, VISA and Mastercard and you will receive an email immediately after the purchase to confirm your payment. All purchases are made through the online payment service Bambora and our New Artbeat subscription system.

New Artbeat will continue to deduct payment until the subscription is terminated. You are bound by these subscription terms throughout the subscription period.

The subscription prices are stated including VAT unless otherwise stated in the description.

Subscription payments are final and non-refundable. Refunds will generally not be given for partially used, unused or remaining subscription periods.

At New Artbeat we use bambora.com to manage our payment services. When purchasing a subscription, you will be charged a small payment fee.
Your card data is stored securely and encrypted.

Bambora is an international payments company based in Stockholm, Sweden that processes payments in 65 markets around the world.

Termination of Subscription
You may cancel your monthly subscription at any time by following the procedures on the “cancel subscription” section on your account page. You will receive an email to confirm that your cancellation is complete. If you do not receive an e-mail cancellation confirmation, please contact us using this link info@newartbeat.com

If you cancel your monthly subscription the cancellation will take effect for your next monthly billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect. You will maintain your subscription plan for the remaining portion of the membership period for which you have already been billed. We do not offer any kind of refunds, partial refunds or credits on any New Artbeat subscriptions.

If you cancel your monthly subscription, we basically delete all your personal information and content on New Artbeat by the end of your membership period. However, according to the Danish law, we have to keep some billing information for at least 5 years.

New Artbeat reserves the right to suspend or terminate your account or use of our service without notice if New Artbeat believes that you have violated or acted inconsistently with the letter or spirit of these Terms of service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of service, may be referred to appropriate law enforcement authorities.

If New Artbeat suspend or terminate your account and use of our service you will not be eligible for a refund for your monthly subscription fee already paid for the month the termination takes place.

Copyright
When you purchase a service from us, you have access to the purchased material via a login at www.newartbeat.com
The content and online services can be accessed until the subscription agreement is cancelled or terminated.
All content and online services are owned by New Artbeat or by others who have licensed their content to us, and is protected by Danish and international copyright laws, trademark laws, and/or other proprietary rights and laws.
When you upload or put a work of art up for sale, you confirm your ownership of all rights and copyrights to the material. This also applies to rights to the files being uploaded.
New Artbeat has the right to use, on its website and in advertising and promotional materials, images (including photographic images) of items being offered for sale or that have been sold on our website, including images of items which have been purchased through the site.
We respect the intellectual property of others and expects users to do the same.
You are not entitled to sell, lend, give away or otherwise distribute our content and services without prior written agreement with New Artbeat.
Under no circumstances you may photocopy, lend, publish or otherwise make additional copies of material from the New Artbeat platform.
If New Artbeat finds that you are making improper use of the material, this is considered a breach of our agreement.
New Artbeat may, in special situations, remove material from the site that does not comply with applicable copyright laws.

New Artbeat reserves the right, with or without prior notice, to make updates, additions, cancellations or changes to any feature in the subscription platform. Exceptions to this are changes that significantly alter or reduce the functionality of the platform. In this case, New Artbeat gives a reasonable notice.

Marketing Communication
New Artbeat has the right to deliver marketing to you if you have requested information from us, purchased services from us or if you provided us with your details when you registered for an account, promotion or entered a competition. In each case, you have not opted out of receiving the marketing.
We will always offer a way to opt out of receiving marketing communications in every marketing communication sent to you.
We do the marketing communication to inform you about artworks and artists and to promote our business and our user.

Content
When using the New Artbeat platform you may upload art, videos and write different comments, submit suggestions and ask questions etc., for as long as those are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious toward the receiver user, New Artbeat or any third parties.
You may not forward any form of "spam", including but not limited to: chain letters and mass mailings.

Persons who choose to access the New Artbeat platform do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Views and opinions expressed by users on New Artbeat platform are those of the users and do not reflect the official policy or position of New Artbeat.

Withdrawal and complaint
If you sign up for a subscription plan or purchase other service from New Artbeat, you are in principle covered by Danish law on internet shopping. This means that you have the right to withdraw from the agreement (right of withdrawal) within 14 days from the day on which the agreement entered into force (withdrawal period).

Note that the right of withdrawal is limited. If you log in to the services and thereby activate your subscription, you agree that New Artbeat will start performing the services, even if the withdrawal period has not expired. This means that the services have been performed and that there is no right of withdrawal from the time you activate your subscription.
If our service does not correspond to the agreed, you must contact us immediately. We will ask you to describe in detail what your complaint is about.
If you want to complain about a service or product, you can write to info@newartbeat.com

Confidentiality and security
At New Artbeat, we believe that trust and confidentiality are essential for a good collaboration. All information received from you or about you will be treated confidentially. Read more about how we process personal information under privacy policy and cookie policy.

New Artbeat, all third parties and hosting partners, will always:
Use secure methods to store, manage and transfer data and content
Have up-to-date policies and procedures to prevent unauthorized use of usernames and passwords
Will notify you immediately if we suspect that your username and password have been lost, stolen, compromised or misused
You agree to inform New Artbeat in case of unauthorized access to the platform or on suspicion that an email, password or other credential has been lost, stolen or misused.

Contact New Artbeat
If you have any questions about these terms, please contact us at info@newartbeat.com

If you have a complaint, you may contact us at:
New Artbeat ApS
Stenbukken 65
DK-5700 Svendborg
Denmark
info@newartbeat.com

Any dispute between you and New Artbeat that arise from your use of New Artbeat, must be decided by danish law at the court in Copenhagen, Denmark.

This version of Terms of Service is effective from 1st of December 2020 and last revised in December 2020.