As used in these Terms, the following words shall have the meaning defined below:
“App”: means the BlobArt proprietary app, with all its features and functionalities.
“Authorized Use(s)”: means (a) in connection to the BlobArt Properties: (i) the right to use our Service solely for non-commercial and personal uses in accordance with the License granted to the User under Section 3 and the further Terms of this Agreement and (b) in connection to the Exhibitor Material accessed via the App, the ability of the User, subject to the further terms of this Agreement, to (i) access, view and store the Exhibitor Material in his User Album, without any time limitation (ii) share the Exhibitor Material with other Users, via the App and to post, embed or transmit Exhibitor Material via our Service in a way that will be accessible to others in other locations online (such as other websites and social media services). (iii) make comments, chat about and create reviews of the Exhibitor Material in the App (iv) download the Exhibitor Material and the User Material and locally store such material in his electronic devices and equipment only for personal, noncommercial purposes (v) make copies, reproduce, share with others and print, without time or volume limitations, the Exhibitor Material solely for noncommercial, personal and/or educational use(s) (vi) display Exhibitor Material on our Services to students at a non-commercial indoor lecture or seminar conducted by User, in accordance with section 3.6 hereinafter.
“BlobArt Properties”: means all rights, title, and interest in and to the BlobArt App, Service, name, trademarks, logos, products, devices, software, technologies, computer-programs, techniques, know-how, algorithms, specifications, source code, Databases, the look and feel, design and organization of our Services, all BlobArt created content, and the compilation of all content on our Services, including all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein.
“Exhibitor”: means any natural person or entity, who has registered in the App, and, subject to a subscription fee payment, is provided by BlobArt with the opportunity to have the Exhibitor Material presented in the App and made accessible by Users, for all authorized uses.
“Exhibitor Exhibition”: means physical exhibition of one or more works of art (e.g., such as, indicatively in Galleries, Museums, Private Collection premises etc.), organized and managed by the Exhibitor.
“Exhibitor Material”: means all and any images, videos, texts, and in general any textual, audio, visual, audiovisual, photographic, or other material, pertaining to a work of Art (and/or an Art Exhibition, Art Fair or Art event) which the Exhibitor wishes to present and/or make accessible, via the operation of the App, to Users, for all Authorized Uses.
“Services”: means all services provided by BlobArt, to Exhibitors and Users, via the App or otherwise.
“User”: means the (non-Exhibitor) registered end-user, using the App and having the opportunity to view Exhibitor Material and store User Material and Exhibitor Material in and via the App and to make further use the Exhibitor Material and the App solely for the Authorized Uses.
“User Material”: means all and any images, videos, photos, texts, and in general any textual, audio, visual, audiovisual, photographic, or other material, pertaining to a work of Art created by the User and related the Exhibitor Material, (e.g., photograph of a work of art taken by the User in an Exhibitor Exhibition) and stored in the App.
“User Album”: means the App feature under which the User may create, manage, and use a personal virtual “album” containing User Material and Exhibitor Material.
2. Our Service- How it works
(a) An Exhibitor may send to BlobArt Exhibitor Material that the Exhibitor wants to be presented/made accessible to Users, via the App. Following such Exhibitor action, each time a User visits an Exhibitor Exhibition and takes a photo of a work of Art for which Exhibitor Material is available, the User shall be shown the Exhibitor Material pertaining to the work of Art exhibited, and the User shall then be able to (a) store his photo (or other User Material), along with the Exhibitor Material, in his User Album (b) use the User Material and the Exhibitor Material stored in his User Album, solely for the Authorized Uses.
(b) As an alternative to (a), the Exhibitor may also send to BlobArt the Exhibitor Material and request from BlobArt to provide to Exhibitor a QR code, which the Exhibitor may then use in an Exhibitor Exhibition, for visitors of such Exhibition to be able to scan such QR code. Once the User scans said QR Code, the User shall be shown the Exhibitor Material pertaining to the work of Art exhibited, and the User shall then be able to (a) store the Exhibitor Material, in his User Album and (b) use the Exhibitor Material stored in his User Album, solely for the Authorized Uses.
(c) Through our App personalization features, and to the extent that such material has been included in the App, the User may be shown, by BlobArt, recommendations pertaining to further Exhibitor Material (i.e., other than the Exhibitor Material already stored in the User’s Album) based on the User’s interests and preferences. Therefore, even if the User has not visited a certain Exhibitor Exhibition, the User may still be able to access (and add to his User Album) related Exhibitor Material and artworks thereof, via the App’s personalization features.
3. Registration, Subscription and License to use our Service
3.1 In order to be able to use our Services as a User, you will be requested to register. In order to register you have to complete the registration process by providing BlobArt all the necessary information requested at the registration form, including email, password, or any other information requested by BlobArt. You agree to provide only true and accurate information. You further acknowledge that you will control your account and that you are liable for any unlawful act occurring under your account. You hereby declare and represent that you have the capacity to enter and perform obligations. The services provided by BlobArt are not available to any person without capacity to exercise legal rights, or any Exhibitor disqualified from the system BlobArt for any reason whatsoever.
3.2 Subject to the terms and conditions of this Agreement as may be amended from time to time, BlobArt grants you a limited, revocable, non-sub-licensable, non-exclusive, and non-transferable license to (a) use our Service solely for personal and non-commercial use and to (b) use the Exhibitor Material solely for Authorized Uses. Under no circumstances should you consider that any BlobArt Properties or third-party proprietary material, including Exhibitor Material, is sold or transferred to you or that you are granted any other right or license other than that specifically mentioned in this Agreement. All the rights, titles etc. in the BlobArt Properties, are retained by BlobArt. You will not:
3.3 The permission we give you to register for a BlobArt account and use our Services under these Terms is non-exclusive and non-transferable. You are not allowed to rent, sell, lease, sublicense or otherwise transfer your BlobArt account, or any access to or use of our Services, to any third party.
3.4 All rights in the User Content, are retained by the User, without prejudice to clause 5.7 herein.
3.5 Our Services may enable you to post, embed or transmit Exhibitor Material via our Service in a way that will be accessible to others in other locations online (such as other websites and social media services). You may use such services only for Authorized Uses.
3.6 If you are a teacher, you may display Exhibitor Material on our Services to your students at a non-commercial indoor lecture or seminar conducted by you, provided you do not reproduce or distribute Exhibitor Material outside our Services in any way that is not specifically otherwise permitted by these Terms. Also, if any of your students access or use our Services, these Terms will apply to each of those students individually.
3.7 Except as expressly permitted by these Terms, you must not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any Exhibitor Material in any way without express prior written permission from us or (as applicable) the appropriate third-party rights holder.
3.8 Any commercial exploitation of any Exhibitor Material without express prior written permission from us or (as applicable) the appropriate third-party rights holder, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited.
4. User Obligations
(a) The User shall control its account and protect the confidentiality of its password and account information. The User shall maintain all appropriate measures to prevent non-authorized third parties from accessing or using any password protected portion of the BlobArt Services. User shall immediately inform BlobArt of any unauthorized use of User’s account or any breach of security. BlobArt staff may login to User’s account from time to time for maintenance or assistance purposes.
(b) The User shall not use the BlobArt Service to transmit content that is unlawful or encourages or supports illegal activities, including (but not restricted to) content which may:
(i) be defamatory, fraudulent, deceptive, racial, abusive, threatening, harassing, pornographic.
(ii) infringe intellectual property rights of others such as Copyright, Trademarks, trade secrets, patents or may harm the right of privacy or any other right of any party.
(iii) infringe applicable data privacy legislation including legislation on the protection of Minors.
(c) The User shall not use the BlobArt Properties and the Exhibitor Material for any uses other than the Authorized uses. Among other obligations the User hereby undertakes the obligation:
(i) not to use the BlobArt Properties and the Exhibitor Material for any commercial purpose.
(ii) not create derivatives from the BlobArt Properties and the Exhibitor Material either for commercial or non-commercial purposes.
(iii) not arrange, adapt, translate, alter, or modify the BlobArt Properties and the Exbibitor Material, either for commercial or non-commercial purposes.
(iv) not remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices that have been placed on the Exhibitor Material by the Exhibitor or on the BlobArt Properties by BlobArt, in any Authorized Use of the BlobArt Properties and the Exhibitor Material.
5. USER CONTENT
5.1 Our Services, as applicable, may enable Users to submit, post, publish, store or otherwise provide User Material in our Service. Each User is solely responsible for all User Material that they provide on or through our Services.
5.2 We do not endorse or make any representations or warranties of any kind with respect to any User Material and/or any statements, ideas, advice, or opinions communicated on, through, or in connection with our Services (whether online, offline, orally, in writing or otherwise) by any User and/or third party, whether with respect to accuracy, completeness, truthfulness, reliability or otherwise. You acknowledge that any use of or reliance on any User Material and/or any such statements, ideas, advice or opinions is solely at your own risk.
5.3 You acknowledge that we have no obligation to review or screen any User Material, and that by using our Services, you may be exposed to User Material that is inaccurate, misleading, offensive or otherwise objectionable.
5.4 We reserve the right, but have no obligation, to monitor and/or review any and all User Material and/or communications transmitted on or through our Services, to enforce or investigate potential violations of these Terms or our other policies or agreements with Users, to detect, prevent or otherwise address fraud, security or technical issues, or to otherwise administer, improve or operate our Services and/or customer support, without notice or liability, at any time at our sole discretion. We also reserve the right to access, preserve and disclose any information if we believe it is reasonably necessary to: (i) respond to claims against us or comply with any law, regulation, legal process or governmental request; (ii) enforce or administer these Terms or our other policies or agreements with Users; (iii) conduct customer support, or detect, prevent or otherwise address fraud, security or technical issues; or (iv) protect or enforce the rights, property or safety of BlobArt, you, or others.
5.5 We reserve the right to remove or refuse to display any User Material on our Services, in whole or part, if we believe that such User Material may violate these Terms, the law or any third-party rights, or for any other reason, without notice or liability, at any time at our sole discretion.
5.6 You are solely responsible for ensuring, and you hereby represent and warrant to BlobArt that Your User Material does not violate any law or regulation, or any right or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right.
5.7 By submitting, posting, publishing or otherwise providing any User Material on or through our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right and license to use, host, store, process, reproduce, distribute, communicate to the public, publish, make available to the public, adapt, modify, translate, create derivative works from, publicly perform, and publicly display Your User Content, in any and all media now known or later developed, for the purposes of operating, distributing, promoting, and improving our Services, and developing new Services. You represent and warrant that: (i) you own or otherwise control all of the rights to Your User Material; (ii) the use of Your User Material does not violate these Terms and will not violate any right of, or cause injury to, any person or entity, and (iii) you waive and / or consent to the exercise by Blob Art and/or the Exhibitor and/or any other User of any so called “moral rights” (if any) in the User Content/Material, which you are now or may in the future become entitled and any broadly equivalent rights that you may have in any territory of the world. Your further represent and warrant that (i) for the Licensed use of the User Materials by BlobArt, BlobArt shall not be requested, shall not be responsible and shall not be liable for any payments to any third party (including any Collecting Societies anywhere in the world) (ii) Licensed use of the User Materials by BlobArt shall not impose or lead to impose a requirement or condition that BlobArt or Users be granted any further license for the use of the User Material or refrain from asserting or enforcing any of their rights set out herein and (iii) The User Material shall not contain any element, including any corrupted files designed or intended to have, or capable of disrupting, disabling, harming, or otherwise impeding in any manner the operation of BlobArt; or damaging or destroying any data or file without any User consent.
5.8 We will not be liable or responsible for any User Material, or for any use of Your User Content by us in accordance with these Terms.
6. Termination of Account/ Removal of Exhibitor Material
6.1 In case BlobArt receives any information, notification, or Claim, related to an alleged or actual infringement of any third-party rights (including third-party Intellectual Property Rights) in connection to your Use of our Services, BlobArt reserves the right to Suspend or terminate User Account.
6.2 In case of breach, by the User, of any of the terms set out herein, BlobArt, without prejudice to any other right it may have under Law or contract (including any right to request payment of damages for any injury or loss suffered by BlobArt) may immediately terminate User’s Account.
6.3 In case of termination of User’s Account by BlobArt and/or in any case of deletion, termination and closing of User’s account for any reason and by any Party), the following shall apply:
(a) All licenses provided to User under this Agreement shall immediately cease.
(b) Exhibitor’s Material stored in the User Album shall not be disabled, erased, deleted, or removed, but rather it shall remain in the App and shall continue to be accessible to Users, for all Authorized Uses, without any time limitation (the “Surviving Exhibitor Material”), without, however, any further connection or reference to the User whose account has been deleted.
(c) User shall immediately desist from any further use of the App and the Services.
6.4 You acknowledge and understand that, in order to provide to you the Services, and for all licenses provided to you in connection to your Authorized Use of the Exhibitor Material, BlobArt relies on representations and warranties made by the Exhibitors to BlobArt, including, among others, that (a) the licensed use, by BlobArt and the Authorized Use, by the Users, of the Exhibitor Material shall not infringe the rights of any third parties, including the intellectual property rights of any natural person or entity (b) that the Exhibitor material does not infringe the rights of others and is free from any legal defects and/or any liens or encumbrances and (c) that the Exhibitor has the full legal right to provide to BlobArt the licenses provided to it in connection with the Exhibitor Material including the grant of a license to Users to use the Exhibitor Material for all Authorized uses.
In case, despite Exhibitors’ representations and warranties, BlobArt receives any information, notification or Claim (including a Notice & Takedown Request), related to an alleged or actual infringement of any third-party rights (including third-party Intellectual Property Rights) in connection to the Exhibitor Material, BlobArt reserves the right to promptly, and without any liability or other obligation to the User, suspend display and further use of the (infringing or allegedly infringing Exhibitor Material), and/or temporarily or permanently disable/delete/erase such Exhibitor Material from your Personal Album so that it becomes unavailable. In such a case, BlobArt shall provide to you notification of suspension/erasure, and you shall be responsible to desist from any further use of such material. In such a case you also undertake to take all reasonable efforts to promptly discontinue use of such material (and notify third parties with whom you have lawfully shared such material to do the same) as such use was/is possibly made by you before or after suspension or erasure of relevant material, even if such use was/is consistent with uses which would otherwise be Authorized Uses.
7.1 You agree to indemnify, defend, and hold harmless BlobArt and our officers, directors, agents, and employees from and against any and all third-party claims, demands, suits, and proceedings, and all related damages, losses, judgments, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your breach of any of these Terms (including any term or condition incorporated into these Terms by reference); (ii) Your User Content; (iii) any misrepresentation made by you; or (iv) your violation of any law or the rights of any third party, including any intellectual property right, privacy right, or publicity right.
7.2 We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate as fully as reasonably required by us in conducting such defense. In any case, you agree not to settle any such matter without our prior written consent. Your indemnification and defense obligations provided in these Terms will survive these Terms and your use of our Services.
8. Disclaimer and limitation of Liability
8.1 Without limitation of anything else set forth in the present agreement you understand and agree that BlobArt further limits its liability in connection with your use of its properties and Services as set forth below:
8.1.1 BlobArt Properties, including, without limitation, the App, the Service and the functions made available on or accessed through or sent from the BlobArt website, are provided “AS IS,” “as available, ” and “with all faults” without warranties implied or statutory including without limitation warranties of merchantability, fitness for a particular use and non-infringement. BlobArt and its parents, subsidiaries and affiliates make no representation or warranties or endorsements of any kind whatsoever (express or implied) about:
(a) The BlobArt Properties
(b) any products or services offered via the App or hypertext links to third parties; and/or
(c) the treatment of any information, content, material or data transmitted by Users to the App;
(d) security associated with the transmission of information through the BlobArt Properties or any linked site.
8.1.2 BlobArt is trying to build the best service for its users, however, it cannot guarantee that the BlobArt Properties shall be uninterrupted, error-free, accurate, complete or current; or that the Properties or the servers that make them available are free of viruses or other harmful components.
8.1.3 BlobArt is not responsible for any technical issues in relation to any telecommunications or internet network (including in relation to speed or bandwidth), including any injury or damage to entrant’s or any other person’s device related to or resulting from the participation, access or downloading any materials in the App.
8.1.4 BlobArt cannot guarantee compliance of Users with the User Terms of Service of the BlobArt App and cannot be held liable for any misuse of the Service by any User and/or the infringement of any Exhibitor, any other User, or third-party rights by the User.
8.1.5 BlobArt may contain links to third-party websites, or other events or activities that are not owned or controlled by BlobArt. We don’t endorse or assume any responsibility for any such third-party sites, information, materials, products or services. If you access any third-party websites, services or content from BlobArt, you do so at your own risk and you agree that BlobArt has no liability arising from your use of or access to any third-party websites, services or content.
8.1.6 BlobArt cannot guarantee compliance of Exhibitors with the Exhibitor Terms of Service of the BlobArt App and cannot be held liable for any (a) misrepresentation made by the Exhibitor (b) any misuse of our Service by the Exhibitor (c) any third-party Claim made against BlobArt or the User, claiming that Authorized Use of the Exhibitor Material infringes the Intellectual Property or other legal rights of the Claiming Party.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, BlobArt SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL BlobArt’s AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED 100 $.
9. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflicts of law provisions. Exclusive jurisdiction and venue for actions and disputes related to this Agreement will be the state or federal courts located in Florida USA, and the Parties consent to the jurisdiction of such courts with respect to any such action.
10. General Terms
10.1 We reserve the right to determine the form and means of providing you with notifications, and you agree to receive legal notices electronically if that is what we decide. We may revise these Terms from time to time; the most current version will always be posted on our website. If a revision, in our discretion, is material, we will notify you. By continuing to access or use BlobArt once revisions have become effective, you agree to be bound by the new Terms. If you do not agree to the new Terms, please stop using BlobArt.
10.3 No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BlobArt’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
10.4 These Terms are a contract between you and Blob Ventures LLC, 88 SW 7th Street, Apt 3105, Miami, Florida, USA.
Blob Ventures LLC, a Florida limited liability company located at 88 SW 7th Street, Apt 3105, Miami, Florida, USA (hereinafter “Blob Ventures” or “us” or “we”), owns and operates the ArtVolt mobile application (, the ArtVolt Website, and all services and products attached thereto (the “Service”).
As used in this notice, the terms “Exhibitor”, “User”, “Exhibitor Material”, “User Material” and “Authorized Use(s)”, have the meaning ascribed to them in our Exhibitor Terms of Service and our User Terms of Service (collectively referred to, hereinafter, as “our Terms of Service” or “our Terms”).
We encourage you to carefully read our Terms before taking any action against Blob Ventures.
You are hereby informed that all Exhibitors and Users of the Service represent and warrant:
(a) that the licensed use, by Blob Ventures, and the Authorized Use, by the Users, of the Exhibitor Material, shall not infringe the rights of any third party, including the intellectual property rights of any natural person or entity and including the rights of any collective management organization (CMO) anywhere in the world, (b) that the Exhibitor Material and the User Material is free of any legal defects or any liens or encumbrances, (c) that the Exhibitor has the full legal right to provide to Blob Ventures the licenses provided to Blob Ventures in connection with the Exhibitor Material (as specified in our Exhibitor Terms of Service), including the licenses subsequently granted from Blob Ventures to the Users (as specified in our User Terms of Service), enabling the latter to use the Exhibitor Material for all Authorized Uses, (d) that for the licensed use of the Exhibitor Material by Blob Ventures and for the Authorized Use of the Exhibitor Material by the Users, Blob Ventures or the Users shall not be requested, shall not be responsible and shall not be liable for any payments to any third party, including any collective management organization (CMO), anywhere in the world (e) that for the licensed use of the User Material by Blob Ventures, Blob Ventures shall not be requested, shall not be responsible and shall not be liable for any payments to any third party, including any collective management organization (CMO), anywhere in the world) (f) that the licensed use, by Blob Ventures or the Users, of the Exhibitor Material and the User Material, shall not impose or lead to impose any payment obligation by Blob Ventures or the Users and shall not impose or lead to impose to Blob Ventures or the Users any other material limitation, restriction or condition on their right to use the Exhibitor Material and the User Material in the manner and as described in our respective Terms of Service and (g) that the User has the full legal right to provide to Blob Ventures the licenses provided to it in connection with the User Material.
You are also hereby informed that all Exhibitors and Users have provided to Blob Ventures full indemnification rights in case any third-party claim is asserted against Blob Ventures for any breach, by any Exhibitor or User, of the above warranties and representations.
Blob Ventures complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.
If we determine that you are a repeat infringer, we may terminate your access to our Service, remove or ban you (and any account you created or control), and take other appropriate action in our sole discretion.
DMCA Takedown Notices
Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our Service. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if Blob Ventures has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:
Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE:”
Artvolt Copyright Agent
1420 Edgewater Drive
Orlando, FL 32804
Please note if any notification of claimed infringement does not meet the above requirements, Blob Ventures has no responsibility to respond to or act on any such defective notification of claimed infringement.
DMCA Counter Notification
If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:
Any such counter notification must be sent to:
Artvolt Copyright Agent
1420 Edgewater Drive
Orlando, FL 32804
Fill out the form below and a member of the ArtVolt team will be in-touch with further details on becoming an ArtVolt partner.
Fill out the form below and a member of the ArtVolt team will be in-touch with further details on becoming an ArtVolt partner.
Fill out the form below and a member of the ArtVolt team will be in-touch to schedule a demo of the ArtVolt app.
Fill out the form below and a member of the ArtVolt team will be in-touch with further details on becoming an ArtVolt partner.
We care about your experience. Fill in your details and we’ll contact you shortly.