Terms and Conditions of Use

This page (together with the documents referred to in it) sets out the terms upon which you may make use of ISEN website (http://isen.net/) (the "Site"), whether as a Guest User or a Registered User, as defined below (together and separately "You") (the "Terms of Use"). Please read these Terms of Use carefully before you start to use the Site. By using the Site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using the Site.

1. Information about us

The Site is operated by International Standard for Edition Numbering Inc. is registered in California with headquarters in Los Angeles.

2. Accessing the Site

2.1 Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.

2.2 We may restrict access to some parts of the Site, or the entire Site, to specific applicants or users, whether Guest Users or Registered Users (defined below), or to certain categories of applicants or users.

2.3 If you choose, or you are provided with, a Registered User identification code (User ID), password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any User ID or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

2.4 You are responsible for making all arrangements necessary for you or any of your affiliates or representatives or Artist's Representatives to have access to the Site. You are also responsible for ensuring that all persons who access the Site with your authority are aware of these Terms of Use, and that they comply with them.

2.5 No individual under the age of eighteen (18) may use the Services of ISEN, submit their artwork or provide any personal information. Any living artist can use the Services of ISEN.

3. Permitted use

3.1 Guest Users and Registered Users (defined below) are allowed to use the Site only as described on the Site and provided for in these Terms of Use.

3.2 Only registered artists can create an Artist Profile in the ISEN system ("Artist Profile") and catalogue their work as permitted by (but not limited to) the Site's tools for describing, categorising, assigning series, creating editions, producing an inventory, and otherwise cataloguing or organising records of an Artist's artworks.

3.3 Only registered artists and their authorized representatives can order ISEN holographic labels, which will contain a summary of Information and a link to the Information stored on the Site about that specific piece of artwork (the "ISEN Labels"). The ISEN Labels will be sent by recorded delivery only to the verified address of the Registered User stored in the Site's database.

3.4 The responsibility for entering, completing, maintaining, verifying, updating, controlling and monitoring the Information and access to the Information, whether of general access of restricted access nature, including the registered address to which the ISEN Labels are to be sent, remains with the Registered Artist at all times.

3.5 By accepting these Terms of Use, Registered Artists and Guest Users acknowledge and accept that the Site operates only on the basis of self-certification by Registered Users and no Information appearing on the Site is provided, verified, guarantied, warrantied, certified or constitutes an undertaking of any kind by ISEN.

3.6 We can provide a published listing of all ISEN registration to all ISEN's Artists for a fee upon request. We do not publish such information offline I a form of books or reports. You understand and accept that we are not obliged to provide such listings to anyone at any time, otherwise than if we decide to do so.

4. Registered Artist

To become a Registered User, you must be:

4.1. Creator of the artworks which you want to register bearing the name of the creator or under the creator's name (the "Artist"); or

4.2 An Artist's representative, being:

• a) an authorised assistant, affiliate, employee, associate, gallerist, representative or agent of the Artist acting with the Artist's express written authority to create an account and/or Artist Profile on the Site and use the Site for management of your Artist records;
• b) a recognised and reputable Artist foundation, with the Artist's express written authority to create/update an account, with verifiable identity, records, registration number, and legal and physical address, known to right minded and reputable members of the society;
• c) an Artist's studio acting under the direction and authority of the named Artist;
• d) legal or physical persons who own copyright in the artworks by an Artist, demonstrable by the legal proof of acquisition and ownership of such copyright; (an "Artist's Representative")

5. Verifications by us

5.1 Our verification procedures are limited to the steps reasonably necessary to set up an electronic Registered User account and an Artist Profile, which may include asking you to provide in our absolute discretion:

• a) an email address, to confirm that you receive email notifications and messages;
• b) a phone number, to facilitate communication with you during the lifespan of your Artist Profile should the need arise;
• c) a copy of your photo ID, to verify your identity using knowledge-based authentication or an ID scan;

5.2 We do not routinely perform background checks on our users, although we reserve the right to do so.

5.3 We act as an information hub only and do not check, verify or authenticate either correctness of Registered Artists' identities, or veracity or correctness of the Information entered on the database or printed on ISEN Labels.

5.4 It is the sole responsibility of Registered Artist to ensure verification of the identities of their Artist's Representatives and that proper delegation and authorisation procedures and documents are in place. We will not accept any responsibility for any unauthorised use or misuse of an Artist's account of Profile.

5.5 Without prejudice to the above, we reserve the right to request further proof of identity, references, registration documents or any other documentation in our absolute discretion for verification purposes or if required to do so law or law enforcement agencies, and share such information in accordance with our Privacy Policy.

5.6 We also reserve the right to monitor any suspicious activity in our marketplace and to process and share such information in accordance with applicable laws.

5.7 To ensure the security of users ISEN reserves the right to verify the IP address of the connection and request the verification if the Registered Artist uses an unknown device.

6. Guest Users

Anyone who accesses the Site for the viewing purposes only or to use the Information published on it, without the right to upload contribute or modify any Information on the Site, is a guest user ("Guest User").

7. Prohibited uses

7.1 You may use the Site only for lawful purposes. You may not use the Site:

• a) in any way that breaches any applicable local, national or international law or regulation;
• b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• c) in any way that is likely to hard or damage our reputation;
• d) in any way that infringes an artist's intellectual property rights or another person's copyright;
• e) for the purpose of harming or attempting to harm minors in any way;
• f) for incitement of racial hatred or religious intolerance;
• g) to send, knowingly receive, upload, download, use or reuse any material which does not comply with our content standards below;
• h) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
• i) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

7.2 You also agree not to access without authority, interfere with, damage or disrupt:

• a) any part of the Site;
• b) any equipment or network on which the Site is stored;
• c) any software used in the provision of the Site; or
• d) any equipment or network or software owned or used by any third party.

8. Intellectual property rights

8.1 We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

8.2 You may print copies and may download any page(s) or complete documents from the Site, which are expressly marked as permitted for download; you may draw the attention of others within your organisation to material posted on the Site.

8.3 You must not republish material from the Site (whether in digital or physical form) without our written permission. You may link, however, direct to the pages and documents on the Site.

8.4 You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

8.5 Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged by reference in writing.

9. The Site changes regularly

We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

10. Our liability

10.1 The Information and other material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our members, partners and associates, hereby expressly exclude:

• a) any liability in connection with falsified, incorrect, erroneous or incomplete entries of, by, for, on behalf of, or about Registered Users or about the artworks, whether appearing on the website, mobile devices, ISEN Labels, or in printed format;
• b) any liability for any unauthorised use of a Registered User's ID, Artist Profile, account or Information;
• c) any liability for acts or omissions of Registered Users or Guest Users or parties acting on their behalf;
• d) any liability connected with ISEN Label manufacturing, save as provided at [x].[y] below; and
• e) all conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity; and
• f) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any Information and materials posted on it, including, without limitation any liability for:
  • i. loss of income or revenue;
  • ii. loss of business;
  • iii. loss of profits or contracts;
  • iv. loss of anticipated savings;
  • v. loss of data;
  • vi. loss of reputation or goodwill;
  • vii. wasted management or office time; and
  • viii. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

10.2 If the Information printed on the ISEN Label(s) does not match the Information provided by the Registered Artist on the Site, our liability to the Registered Artist who entered the Information shall be limited to the price paid by the Registered User for producing the ISEN Label(s) containing the error. In such cases we will refund any such amount within 14 (fourteen) days.

10.3 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

11. Information about you and your visits to the Site

We process information about you in accordance with our Privacy Policy. By using the Site, you consent to such processing and you warrant that all data and Information provided by you is accurate.

12. Uploading material to the Site

12.1 Whenever you make use of a feature that allows you to add or upload material and Information to the Site in order to promote an Artist Profile or make contact with other users of the Site ("Contributions"), you must comply with the following content standards. You warrant that any such Contribution does comply with those standards, and you will indemnify us for any breach of that warranty.

12.2 Contributions must:

• a) be accurate (where they state facts);
• b) be genuinely held (where they state opinions); and
• c) comply with applicable law in the US and in any country from which they are written uploaded and/or posted.

12.3 Contributions must not:

• a) contain any material which is defamatory of any person;
• b) contain any material which is obscene, offensive, hateful or inflammatory;
• c) promote sexually explicit material;
• d) promote violence;
• e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• f) infringe any copyright, database right or trade mark of any other person; be likely to deceive any person;
• g) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• h) promote any illegal activity;
• i) be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
• j) be likely to harass, upset, embarrass, alarm or annoy any other person;
• k) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• l) give the impression that they emanate from us, if this is not the case; and
• m) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

12.4 Any Information you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such Information for any purpose. We also have the right to disclose your identity to any third party who is claiming that any Information posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.

12.5 We will not be responsible, or liable to any third party, for the content or accuracy of any Information posted by you or any other user of the Site.

12.6 We have the absolute right to remove any Information or Contribution posted by you on the Site if, in our opinion, such material does not comply with the content standards set out in these Terms or Use.

13. Interactive services

13.1 We may from time to time provide interactive services on the Site, including, without limitation, bulletin boards and similar communication forums.

13.2 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

13.3 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

14. Linking to the Site

14.1 You may link to any page or document on the Site to your own independent website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

14.2 You must not establish a link from any website that is not owned by you.

14.3 The Site must not be framed on any other website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above in these Terms of Use.

14.4 If you wish to make any use of the Information or other material appearing on the Site other than as set out above, please address your request to us at team@isen.net

15. Links from the Site

Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

16. Jurisdiction and applicable law

These Terms of Use are governed by the US law. The USA courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site or use of any Information published on the Site. We reserve the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.

17. Severability

If any term or part of any provision contained in these Terms of Use is found to be invalid, unlawful or unenforceable by a court or competent lawful authority, that term or part-provision shall, to the extent required, be deemed to be deleted and the rest of these Terms of Use will not be affected and will remain in full force.

18. Variations

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Site while the rest of these Terms of Use will continue to apply.

19. Paid Services

Some of the Services require payment of fees (ISEN holographic logos). All fees are indicated in United States dollars. You cannot transfer or exchange holographic logos with anyone. Purchases of Paid Services are final and non-refundable. ISEN may change the cost of labels at any time. However, ISEN will provide you reasonable notice of any such pricing changes by announcing it on the website.

20. Your concerns

If you have any concerns about material, which appears on the Site, please contact team@isen.net

21. Acceptance

By ticking the acceptance box, you acknowledge that you have read, understood and accepted these Terms of Use.

Thank you for visiting the Site.