1. General

1.1. This website contains some pages that are accessible to everybody ("Public Pages") and others ("Subscribers’ Pages") that are accessible only to those who subscribe to one or more of ArtFlock.com’s accounts which are "Buyer", "FreeFolio", "ProFolio" or "ProFolio+" account ("Subscribers").

1.2. These terms apply to both Public Pages and Subscribers Pages.

1.3. Additional terms known as "the Gallery Access Terms" also apply to Subscribers’ Pages.

1.4. Anyone requiring access to Subscribers’ Pages Anyone wishing to become a Subscriber must accept and comply with the terms of an "Buyer" "FreeFolio" "ProFolio" "ProFolio+" account terms upon which the service or services to which he or she subscribes are made available ("Subscription Terms") .

1.5. Anyone wishing to buy or sell a work of art or craftsmanship in the Gallery must also comply with ArtFlock.com’s conditions of sale ("the Sale Conditions") .

2. The Gallery

2.1. "The Gallery" is a service offered by Ed Lea Design Limited trading as "ArtFlock.com" ("ArtFlock.com") of "Lyndale", Chapel Street, Harbury, Leamington Spa, Warwickshire, CV33 9HT, United Kingdom.

2.2. The Gallery offers:

2.2.1. space for artists and crafts persons to display photographs and descriptions of their work and market such work,

2.2.2. facilities for members of the public to buy such work on line; and

2.2.3. news of exhibitions, publications, talks and other events likely to interest members of the public who wish to learn more about arts and crafts.

2.3. ArtFlock.com manages the Gallery but does not contribute the photographs or descriptions of the works on display.

3. ArtFlock.com‘s Liability

3.1. Most if not all of the information that appears in the Gallery is provided by Subscribers and not by ArtFlock.com.

3.2. ArtFlock.com offers the facilities for buying art mentioned in paragraph 2.2.2 above as agent for such Subscribers and not on its own account.

3.3. ArtFlock.com makes no representation and gives no warranty as to the accuracy of any of the information that is placed in the Gallery by a Subscriber and requires users to make their own enquiries, particularly,

3.3.1. in the case of prospective buyers, as to the authenticity, title or value of a work on sale in the Gallery, and

3.3.2. as to whether or not making, exhibition or selling a work infringes a third party’s copyright, registered or unregistered design, trade mark or any other intellectual property right.

3.4. Each and every Subscriber warrants to ArtFlock.com that the information that he or she places in the Gallery is accurate, complete and up to date and that it is lawful to display it there, and ArtFlock.com makes every reasonable effort to ensure that that is so, but the responsibility of ArtFlock.com for any injury, loss or damage resulting from information that is placed in the Gallery by a Subscriber is confined to excluding or removing such information and to giving evidence and disclosing documents in proceedings against a Subscriber who has placed information in the Gallery that is believed to breach such warranty provided that it receives credible evidence for such belief.

3.5. Without prejudice to the generality of paragraph 3.4, ArtFlock.com, its officers, employees and agents are released from liability for injury, loss or damage arising from any fraudulent or negligent misrepresentation, breach of contract or warranty or otherwise that may arise from anything placed in the Gallery by a Subscriber.

3.6. For the avoidance of doubt, ArtFlock.com will be deemed to have received credible evidence that a Subscriber has breached the warranty mentioned in paragraph 3.4

3.7 only after it has received a written complaint to that effect with copies of all documents or other evidence relied upon.

4. Copyright

4.1. Copyright subsists in all the material that appears on this website and some of that material is also protected by other intellectual property rights such as database rights and trade marks.

4.2. Users may download and make such copies of that material as they may reasonably require for private study or evaluation of a work on display but they must not copy, distribute, transmit or publish such material for profit or otherwise commercially exploit it or create derivative works from that material.

4.3. Some of the copyrights mentioned in paragraph 4.1 above belong to ArtFlock.com, some to Subscribers and some to third parties.

5. Privacy

5.1. ArtFlock.com collects, holds and uses personal data in accordance with its Privacy Statement .

5.2. It is the data subject’s responsibility to:

5.2.1. decide whether he or she is content for ArtFlock.com to hold and use his or her data in the way set out in the Privacy Statement; and

5.2.2. make sure that the data held upon him to her is accurate and up to date.

6. Severance

Should any of these provisions be void, voidable or unenforceable, that provision will be deemed never to have formed part of these terms but all other provisions shall remain in force.