Effective Date: Dec 13th, 2024
WELCOME TO THE WESCOVER.COM (owned by Book An Artist Pty Ltd). WEBSITE
Welcome to the Wescover.com(“Wescover”, "us", "our" or "we") website located at www.wescover.com (“Website”) – and thank you for visiting. We hope you enjoy the experience!
These Terms of Use (“Terms”) are a legal contract between you and us and govern your use of our Website and our design & art discovery services accessible via our Website. To make these Terms easier to read, the Website, the various types of content displayed on or in our Website (“Content,” as defined below) and our services are collectively called the “Services”.
PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE AND/OR USING THE SERVICES. USING THE SERVICES OR UPLOADING ANY CONTENT TO THE SITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
THE BASICS.
For Buyer terms and conditions, please see Wescover Buyer’s Agreement
You should make sure you read and understand all of these Terms, but we thought we would breakdown a few fundamentals about the Services.
Wescover’s mission is to empower creators through promoting artworks and design works featured in spaces where we spend our daily lives (from the ceramics in coffee shops to the chandeliers in hotels). For this reason, we provide a platform through which creators can display and promote their works, tell the stories behind those works and otherwise communicate with other creators and users about their works.
You always own the Content you create (your “User Content,” as defined below) and all of the copyrights in your User Content. When you use our Services and submit your User Content via the Services, you do grant us certain permissions (also called “rights”) to use your User Content.
The rights you grant to us allow your User Content to be made available through and in connection the Services in various ways, including as part of your user profile and portfolio pages or a general list or category in returned search results with other Content. Your User Content may also appear as part of editorial content about the Services, such as in articles, blog posts or curated lists, and any in other places where were we promote the Services or your User Content. In addition, we may use your User Content in other places to promote Wescover’s Services or your User Content. (Checkout Section 10(b) for more information.)
We are in the process of developing and improving our Services to make our offering an interesting and engaging destination for artistic and design discovery. We may update these Terms as new developments are implemented – stay tuned!
GENERAL USE.
By using the Services, you promise that you are at least 18 years of age.
We invite you to use the Services for individual, consumer purposes and for promoting Your Content, if you choose to submit any, through our Services, only ("Permitted Purposes").
In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to use and to display the Content; your right to use the Content is conditioned on your compliance with these Terms. You have no other rights in the Services or any Content other than Your Content, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the other Services or Content in any manner. If you make copies of any of the Services while engaging in Permitted Purposes then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Website.
Unfortunately, if you breach any of these Terms the above license will terminate automatically and you must immediately destroy any downloaded or printed Content (and any copies thereof).
GEO-LOCATION TERMS.
The Services include and make use of certain functionality and services provided by third-parties that allow us to include maps, geocoding, places and other Content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.
USING THE WEBSITE AND THE SERVICES.
We appreciate your visiting the Website and allow you to stop by and leisurely check it out without even registering with us.
However, in order to submit User Content, access certain password-restricted areas of this Website, and to use certain Services and Content offered on and through the Services, you may be required to successfully register an account with us.
CREATING AN ACCOUNT.
If you want an account with us, you may log in through an available third party source or submit the following information through the account registration page:
A working email address;
A working phone number;
True and accurate first and last name;
Preferred username and password.
You may also provide additional, optional information so that we can provide you a more customized experience when using the Services. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an e-mail detailing how to complete your registration. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly or contacting us using the below contact information and we can make the changes for you. If you forget your password, we will send a password update to your provided email address.
You are responsible for complying with these Terms when you access the Services, whether directly or through any account that you may setup through or on the Services. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Services as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access the Services. Should you believe your password or security for the Services has been breached in any way, you must immediately notify us.
ELECTRONIC COMMUNICATIONS.
By using the Services, you consent to receiving electronic communications from us concerning or related to the Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
PRIVACY POLICY.
We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. So, please review our Privacy Policy (“Privacy Policy”), linked here, which explains everything.
LINKS TO THIRD-PARTY SITES.
We think links are convenient, and we sometimes provide links on the Website to third-party websites. If you use these links, you will leave this Website. We are not obligated to review or monitor any third-party websites that you link to from this Website, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from this Website, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of this Website may allow you to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit your activities on this Website to be shared with your contacts in your third-party site account.
CONTENT OWNERSHIP, RESPONSIBILITY AND REMOVAL.
(a) Definitions. For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services, and (ii) “User Content” means any Content that you provide to Wescover to be made available through the Services. Content includes without limitation User Content.
(b) Rights in User Content Granted by You. We do not claim any ownership rights in any of your User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. By submitting any User Content and making it available through the Services, you hereby grant us certain rights, as follows:
solely for the purposes of (i) operating and providing the Services and Content to you and other users of the Services, and (ii) promoting, marketing and advertising the Services, you hereby grant us a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license, with the right to sublicense, to use, copy, publicly display, publicly perform and distribute your User Content.
the license granted under this Section 10(b) expressly permits us to modify User Content (such as by resizing and cropping images and extracting and emphasizing portions of text) as necessary for formatting and editorial purposes.
Wescover will not make, license, sell, or transfer any rights to make, license, or sell prints, sculptures, posters, or other fine art reproductions of the User Content without separate permission. If Wescover uses any of your User Content to promote, market, or advertise the Services, it will if practicable provide credit to you, the creator, as the author of the User Content in a caption or nearby the reproduced User Content.
(c) Responsibility for User Content. You agree that you are solely responsible for all of your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services or as otherwise contemplated by these Terms, will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms or the law. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
(d) Removal of User Content. You can remove most of your User Content by specifically deleting it. If you decide to discontinue your account with Wescover, you may do so by emailing communication@wescover.com and we will remove your user profile and portfolio pages from the website. However, in certain instances, some of your User Content (such as posts or comments you make or references not on your profile or portfolio pages) may not be completely removed and copies of such User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) this User Content.
UNAUTHORIZED ACTIVITIES.
To be clear, we authorize your use of the Services only for Permitted Purposes. Any other use of the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services and a breach of this agreement. This is because as between you and us, all rights in the Services remain our property.
Unauthorized use of the Services may also result in violation of various Australia and international copyright or other laws. Because we prefer keeping this relationship drama-free, we want to give you examples of things to avoid. So, unless you have written permission from us stating otherwise, you are not authorized to use the Services in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
For any public or commercial purpose that includes use of or access to the Services on another site or through a networked computer environment;
In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services other than Your Content;
In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
To stalk, harass, or harm another individual;
To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
To interfere with or disrupt the Services or servers or networks connected to the Services;
To use any data mining, robots, or similar data gathering or extraction methods in connection with the Services; or
Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means.
You agree that we may require you to pay for attorneys to defend us if you violate these Terms and that violation results in a problem for us and, for any violations, you agree to cooperate with our defense of such claim. You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you.
PROPRIETARY RIGHTS.
"Wescover" is a trademark that belongs to us. Other trademarks, names and logos on the Services are the property of their respective owners, including your trademarks, names, and logos.
Unless otherwise specified in these Terms, all Content, including the arrangement of them on the Services are our sole property, Copyright © 2024 Wescover.com (owned by Book An Artist Pty Ltd). All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any of Wescover’s copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
INTELLECTUAL PROPERTY INFRINGEMENT.
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Content that violates intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this Website in violation of someone’s intellectual property rights. Please see our Copyright Policy for further information, including how to give notice of any copyright infringements.
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated copyright or other infringement notifications.
DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICES ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Services will meet your requirements or that the Services will be uninterrupted, timely, secure, or error free or that defects in the Services will be corrected. We make no warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services. No advice or information, whether oral or written, obtained by you through the Services or from us or our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
LIMITATION OF LIABILITY.
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE DISPLAYING, COPYING, UPLOADING OR DOWNLOADING ANY CONTENT TO OR FROM THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE, AND OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT BE MORE THAN $500.00.
LOCAL LAWS; EXPORT CONTROL.
We control and operate the Services from our headquarters in Australia and the entirety of the Services may not be appropriate or available for use in other locations. If you use the Services outside Australia, you are solely responsible for following applicable local laws.
FEEDBACK.
Any submissions by you to us relating to the Services (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
Exclusive Dispute Resolution
All disputes, claims, or controversies arising out of or relating to the use of our platform, including but not limited to its terms, conditions, and services, must be resolved exclusively through our platform’s designated dispute resolution process. Disputes cannot be resolved in court, through external arbitration services, or by any other means outside the platform.
No Cost Bearing by the Platform
All costs and expenses associated with the dispute resolution process, including but not limited to arbitration fees, legal fees, and expert witness fees, shall be borne solely by the parties involved in the dispute. The platform will not cover or reimburse any costs or expenses.
Class Action Waiver
You agree that any dispute resolution process will be conducted on an individual basis. Class actions, collective actions, or representative actions of any kind are not permitted. You waive your right to participate in any such actions against the platform or its affiliates.
Final and Binding Resolution
The decisions made through the platform's dispute resolution process are final and binding on all parties involved. No appeals or external reviews of the resolution are permitted.
Severability
If any provision of this section is found to be unenforceable, the remaining provisions will continue in full force and effect. By using the platform, you acknowledge and agree to these terms as the exclusive method for resolving disputes.
GENERAL.
We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will tell you. We will even provide you with recommended necessary corrective action(s) because we value this relationship.
However, certain violations of these Terms, as determined by us, may require immediate termination of your access to the Services without prior notice to you. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms and those referred to herein are the entire agreement between you and Wescover and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between the parties about the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
CHANGES TO TERMS.
We may alter the Content and Services we offer you and/or choose to modify, suspend or discontinue the Services at any time and without notifying you. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. We will inform you of any modifications to these Terms by posting them on the Website.
If you object to any such modifications, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Website. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
CONTACT US.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at communication@wescover.com.