SUBMISSION
TERMS & CONDITIONS
Terms and Conditions of Entry to the ORTHODOX ARTS FESTIVAL
These Terms and Conditions ("the Terms") apply to your entry of one or more photos ("the Work(s)") in the Orthodox Arts Festival ("the OAF") online exhibition ("the Exhibition").
The Exhibition will take place online at www.orthodoxartsfestival.org.
"You" and "Your" shall refer to the person submitting the Work(s) and potentially selling the submitted Work(s). Please read these Terms carefully before completing Your entry form ("the Entry Form") as they will form the contract between You and the Heavenly Path Art Gallery ("HP").
1. The Organisers
The Heavenly Path Art Gallery ("HP) is an Art Gallery and the Orthodox Arts Festival Organisers, whose office is at 46A High Street, Glastonbury, SOMERSET, BA6 9DX.
For information requests, please contact us at info@orthodoxartsfestival.org
2. Entry Form and Price
2.1 The price per entry is displayed on the gallery's website www.orthodoxartsfestival.org ("the Website") and is all-inclusive. When you register, please use the correct Entry Form for submitting your Works as only one Entry Form may be submitted by You for the Festival.
2.2 Your Entry Form is non-transferable so that only You will be able to use it. In the event of misuse of Your Entry Form, where it transpires that You have used more than one Entry Form, the Organisers reserve the right to ban You from entering the forthcoming Festival and any Festival in the future.
2.3 Your Entry Form must be completed and submitted by You strictly following The Instructions for Entering ("the Instructions"), which can be found below. Failure to do this will mean that the Work(s) submitted under the Entry Form is inadmissible and withdrawn from the Festival selection process.
2.4 You will not receive a refund if You register an Entry Form and later withdraw Your application. The entry fee is non-refundable.
2.5 The HP does not retain Your card details after processing Your payment.
3. Who May Enter Work into the www.orthodoxartsfestival.org?
You may submit Work(s) to the Festival if:
3.1 You are an Orthodox Artist. You are expressly authorized as a gallery, agent, or another representative to submit the Work(s) on behalf of the Artist or expressly authorized by the estate of a deceased Artist. If you are so authorized, you agree to be bound by these Terms and assume the liabilities set out in these Terms.
4. Ownership and Submission of Work
1. By submitting Your Work(s), You confirm that the Work(s) is free and clear of any liens, claims, encumbrances, or restrictions, that the use of the Work(s) under these Terms will not infringe upon or violate the rights of any person or entity.
2. If You do not own all of the rights, title, and interest in and to the Work(s), You must expressly inform the Heavenly Path Art Gallery in writing of all relevant details concerning all other third parties' rights to the Work(s). You shall indemnify the Heavenly Path Art Gallery against all losses, liabilities, costs, and expenses in respect of claims made by third parties alleging partial or total ownership of the Work(s) or any rights in the Work(s), including intellectual property rights.
5. Refusal of or Withdrawal of Work by you or the Organisers
5.1 The Organisers may accept or decline any Work(s) submitted for the Orthodox Arts Festival entirely at its own discretion. Organisers decision is final.
5.2 The Organisers reserves the right to deny admission or withdraw a Work(s) from the Festival if for any reason the Work(s), or any circumstances surrounding the display of the Work(s), appears to the Organisers to expose it to potential or actual damage to its reputation, risk of legal proceedings or enforcement including, without limitation, the alleged breach of third-party intellectual property rights.
5.3 Once your work has been accepted and published to the website or promotional materials, you have no right to request that the Organisers remove it prior to the conclusion of the Festival or from any promotional poster, email, or video.
6. Sale of Work (Applicable to all Types of Sales)
6.1 The sale of any Work(s) or services exhibited or promoted in the Exhibition by You, including negotiating with clients, postage, and packing for sending artwork sold, will be your responsibility. We can provide you with a hyperlink from the exhibited work to your online shop specific page if you have one and your contact details for the client to choose from.
6.2 For any sale of Your Work(s), the Organisers role is strictly limited to introducing the Purchaser to You. The Organisers does not have any authority to negotiate for your service you provide or conclude Your Work(s) sale. All sales of Work(s) shall be subject to the terms of sale. You put in place between You and the Purchaser.
6.3 You confirm that you have read the terms of the Offer to Purchase, which the Purchaser agrees to (appended), and will comply with all requirements stated explicitly or implied by those terms, including (but not limited to) fulfilling all orders promptly and professionally, and communicating effectively with the Purchaser. If You fail to do so and the Organisers is required to deal with any Purchaser, as a result, You agree that the Organisers may recover directly from You for any liability or additional costs it may incur as a result.
6.4 You shall resolve any disputes relating to a sale of Your Work(s) or services directly between You and the respective Client without the Organisers involvement.
6.5 The Organisers will provide to all visitors to the site details (including some of your personal data as previously agreed) so they can contact you directly if they wish to complete and fulfil a purchase or hire you for a service. You hereby agree to comply with all relevant data protection regulations regarding such personal data, including the General Data Protection Regulations that came into force in 2018 together with the Data Protection Act 2018.
6.6 Please note that the Organisers will not have obtained any consent to send marketing or other material, whether electronic or otherwise to the Purchaser. You should obtain such consent if You wish to contact the Purchaser in the future.
7. VAT
7.1 If You are registered for VAT, you will be required to provide the Purchaser with a VAT invoice for the Work(s) full sale price. You shall make all arrangements regarding the sale of the Work(s) in writing.
7.2 Heavenly Path Art Gallery isn't a VAT registered company.
8. Online Sales
If Your Work(s) made available for purchase using distance selling (i.e., online through your website or by telephone) you agree to comply with your website or prospective platform Regulations' distance selling rules ("the Regulations"). Check regularly your website to see if it is operational and the hyperlinks active. It is Your responsibility.
11. Online Access
While the Organisers endeavors to ensure that the Website is available 24 hours a day, the Organisers will not be liable if for any reason the Website is unavailable in part or whole at any time or for any period including, without limitation, during the last 24 hours before the submission deadline. We may suspend access to the Website temporarily and without notice in the case of system failure, maintenance, repair, or for reasons beyond the Organisers control.
12. Intellectual Property Rights
12.1 By submitting a Work(s), You confirm that either You or the Photographer hold all intellectual property rights in the Work(s) and that You or the Photographer have obtained any third-party consents required for the use of the third party owned material contained in the Work(s).
12.2 By submitting a Work(s), You consent to the Organisers and/or any other third party permitted by the Organisers for the following purposes:
12.3 taking an image for a poster or other advertising purposes of, or making an advertising video available using whole images or any part of the Work(s), including but not limited to the right to include the Work(s) in any broadcast (and rebroadcast) by any broadcaster (including the BBC) and any licensees of any broadcaster;
12.4 filming, broadcasting, and/or reproducing the whole or any part of the Work(s) for archival, publicity and marketing (including without limitation on the Website, Festival posters, leaflets, private view cards, and all forms of social media), press, signage, gallery guide and for catalogue purposes;
12.5 and reproducing the whole or any part of the image(s) you have supplied to the Organisers for the purposes set out above.
12.6 The consent set out above is irrevocable and given without payment of any fee or royalty.
12.7 By submitting a Work(s), You agree that members of the public will be allowed to view the Work(s) (alone or in combination with other works) for their personal pleasure during the Festival period. The Organisers will not be responsible if any such images of the Work(s) are exploited commercially in violation of the permission. In such circumstances, it is up to the Photographer and/or You to defend Your intellectual property rights in the Work(s).
13. Limitation of Liability
The HP shall have no liability to You or the Photographer whatsoever for any loss of business or profits, loss or damage to reputation, or for any indirect or consequential loss or damage of whatever nature, howsoever caused, whether occurring in contract, tort (including negligence) or otherwise arising out of or in connection with the Exhibition.
14. Third Parties
No third party shall have any rights under or concerning the Terms.
15. Force Majeure
For these Terms, a Force Majeure Event means an event beyond the reasonable control of the HP, including but not limited to strikes, failure of a utility service or transport network, an act of God, terrorism, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. The HP shall not be liable to You under these Terms due to a Force Majeure Event.
16. Severance
If a court or any other competent authority finds that any provision of the Terms (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other Terms shall not be affected.
17. Entire Agreement
These Terms contain the whole agreement between the parties relating to this agreement's subject matter at the date hereof to the exclusion of any terms implied by law that may be excluded by contract. Each of the parties agrees that it has not entered into these Terms in reliance on any representation, warranty, undertaking, or other statements, expressed or implied, orally or in writing, given or made by or on behalf of the other party except in so far as contained in these Terms. This clause shall not apply to any representation, warranty, undertaking, or statement made fraudulently or which was induced by fraud.
18. Law and Jurisdiction
These Terms and the contract of which they form part shall be governed by and construed under English law. Any disputes arising concerning these Terms shall be subject to the exclusive jurisdiction of England and Wales courts.