Terms and Conditions

1. Introduction

Shera is a digital platform art marketplace. We (Firma Media and Communications PLC) operate the Shera website at www.shera.et (the “Site”) and all related websites, software, mobile apps, and other services that we provide (together, the “Service”) with the goal of celebrating and enabling contributors and fostering creativity in our community. Your use of the Service, and our provision of the Service to you, constitutes an agreement by you and Shera to be bound by the terms and conditions in these Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR OR OTHERWISE USING THE SERVICE, YOU ARE TELLING US THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. If you don’t agree with anything we propose in these Terms, please don’t (and you don’t have our permission to) use any part of the Service.

THIS PART IS REALLY IMPORTANT: These Terms require that if we get into a dispute with you relating to the Service (or vice versa), the dispute will be resolved by BINDING ARBITRATION. This means that YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO SUE US (OR BE SUED BY US) UNDER THIS CONTRACT (except for some disputes that can be taken to small claims court). Our disputes will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and you cannot start or join a class action lawsuit. Have a very careful read through Section 13 for the actual details regarding our agreement to arbitrate, which we’ve tried to make fair to our users.

2. Eligibility

The Service is designed for use by people who are at least 13 years old after undergoing Shera’s qualification process. If you are using the Service on behalf of a company, organization, or other kind of entity, you represent to us that you have authority to bind the organization to these Terms on its behalf. Our qualification process involves having the artist and their work evaluated by an independent editorial team. Our editorial team weighs various factors and attributes in making their decision. This decision is made unilaterally at the discretion of the board. An artist may qualify either as a professional or enthusiast. Artists who have not qualified may attempt to qualify again after one year of their initial rejection.

3. Accounts and Registration

If and when you use the Service after qualifying, you must register an account. When you do, we ask that you give us some information about yourself as part of the registration process, some of which is required in order to register the account. You promise that all the information you provide is accurate and that you will keep it accurate and up-to-date in the future.  Shera will provide you a back-end access from where you can monitor activities pertaining to your featured pieces on the site including sales and funds owed to you. If ever you think that your account may no longer be secure, you need to notify us immediately at artists@shera.et You can also reset your password via https://shera.et/account.

4. User Content

YOU OWN THE RIGHTS TO ALL OF YOUR USER CONTENT; THIS INCLUDES ALL ART PIECES YOU CREATED THAT ARE FOR SALE ON OUR SITE

  • At a High Level. The Service sells the artwork (“User Content”) you share with us upon qualifying. Any User Content that you make available on the Service will belong to you. We will not claim any ownership in your User Content–it is completely, 100%, yours.

  • Limited License to Us. You grant us an exclusive, royalty-free license (with the right to sublicense) to host, store, transfer, display, sell, adapt, perform, reproduce, modify (for size, orientation or such), translate, and distribute your User Content (in whole or in part) in any media formats and through any media channels (now known or hereafter developed). You understand that we will pay you the agreed amount for any use of your user content and that your user content will be made available to the public. This also means that you can not sell copies of the Photos that you are selling on Shera elsewhere.
  • Digital Sales: Due to the high risk of illegal distribution, Shera will not sell digital copies. Shera also takes multi-layered approach to ensure the utmost security of artworks while storing, printing, and framing. 
  • Representations and Warranties. You are solely responsible for your User Content and any consequences that occur because you’ve shared or posted the User Content on the Service. Each time you share with us an artwork, you represent and warrant to us that:
    • You are the creator and owner of the User Content or have all necessary rights from other people or companies to use, and permit other users to use, your User Content on the Service as envisioned in this Section 4; and
    • Your User Content (including as used by you, us, or other users of the Service) does not and will not infringe or misappropriate any third party right, including copyright and other intellectual property rights, privacy rights, rights of publicity, or moral rights, or slander, defame, or libel anyone. In other words, your User Content must be your original work and you must have the permission of any third parties that have rights in the User Content before you share the User Content with the Service.
  • Disclaimer. We may at any time remove, modify, screen, or block any User Content from the Service (without notifying you first) for any reason, including if we think the User Content violates these Terms or is otherwise objectionable. When you use the Service, you will be exposed to the User Content of other users, some of which may be offensive, inaccurate, or indecent. We may investigate claims alleging that User Content violates these Terms and, in those cases, we alone will decide what actions to take (if any) regarding the User Content in question.
  • Avoid having these in your artwork OR have necessary consent forms or license.
    • Trademarks, logos, or brands that appear in Photos
    • People’s images if they are recognizable in the Photos
    • Works of art or authorship that appear in Photos

We will terminate (without notice) the accounts of users that we find are “repeat infringers,” which is a user who has been notified of infringing activity more than twice or has had infringing User Content removed from the Service more than twice.

5. Prohibited Conduct

BY USING THE SERVICE YOU AGREE NOT TO:

  • Perform fraudulent activities, such as impersonating another person or lying about your date of birth;
  • Sell copies of the Photos that you are selling on Shera elsewhere;
  • Copy the look and feel of the Site or access, download, copy, modify, distribute, perform, or use any Photos to create a similar or competitive service or to contribute the Photos to an existing similar or competitive service;
  • Transfer your rights to use the Service.


6. Termination of Account

  • If an artist breaches any of these Terms, their permission to use the Service will be terminated and Shera is obliged to communicate the reason.
  • Artists can terminate their account by contacting Shera.
  • Shera may update, expand, modify, or even discontinue the Service at any time without noticing the Artist.

 

7. Modifying these Terms

We may, at times, make changes to these Terms on 7 days’ notice. If and when we do, we will make reasonable efforts to notify you of the changes. We may provide these notices through a pop-up banner, by sending an email to an email address associated with your account on the Service, or in some other way, and we will let you know when the new version of these Terms will go into effect. If you don’t accept the new Terms that we are proposing, we may cancel your account immediately and terminate your access to the Service. If we have any disputes regarding the Service, they will be resolved in accordance with the version of these Terms that was in effect when the dispute arose.


8. Ownership of the Service

Firma Media and Communications PLC. owns and operates the Service. All of the software, visual interfaces, graphics, designs, information, compilation of Photos, and all other elements of the Service (the “Materials”) that we provide are protected by intellectual property and other laws. We or our licensors own all of the Materials contained in the Service and you cannot use the Materials except as you are specifically permitted under these Terms.

 

9. Disclaimer; No Warranties

WE PROVIDE THE SERVICE, AND ALL CONTENT THAT’S AVAILABLE THROUGH THE SERVICE, ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS, OR THAT WE WILL FIX ANY ERRORS OR HARMFUL COMPONENTS.

YOU USE THE SERVICE AT YOUR OWN RISK AND ASSUME ALL RISK FOR ANY DAMAGES THAT RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR INTERACTIONS WITH OTHER SERVICE USERS, AND ANY CONTENT AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE CONTENT.


10. General

These Terms are the entire agreement between you and us regarding your use of the Service. Except for our right to update these Terms, these Terms can only be amended by a written agreement signed by both you and us. You are not allowed to assign or transfer these Terms, or transfer your account on the Service, to any other person or company without our consent, including any transfer that you want to make in connection with a corporate acquisition. We may assign these Terms with or without notice to you. Any delay or failure to enforce any rights under, or require your compliance with, these Terms will not affect our right to enforce the rights or require your compliance at a later time.


11. Governing Law, Dispute Resolution and Arbitration

    • Generally. In the interest in resolving disputes between you and us in the most efficient and cost effective way, you and we agree to resolve any and all disputes arising in connection with these Terms or your use of the Service by binding arbitration.
    • Arbitrator. Any arbitration between us will be held by a third-party arbitrator Notice and Process. If one of us intends to seek an arbitration, then they must first send a written notice of the dispute to the other party, by e-mail or letter (signature required), or, if we don’t have a physical address on file for you, by email (“Notice”). You and we agree to use good faith efforts to resolve any claim directly, but if we don’t reach a resolution within 30 days after the Notice is received, you or we may start arbitration proceedings. During the arbitration proceeding, the amount of any settlement offers by you or us will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award (if any).
    • Modifications. If we make any future changes to this arbitration agreement (other than a change to our address for Notice), you can reject the changes by sending us written notice (to our address for Notice) within 30 days of the change. If you do so, your account on the Service will immediately terminate and this arbitration agreement, as in effect immediately prior to the amendments you rejected, will survive termination.
  • Governing Law. Our agreement under these Terms is governed by the laws of FDRE.


12. Consent to Electronic Communications

You consent to receive electronic communications from us. We may send you any notices, agreements, disclosures, or other communications to you electronically.

13. Contact Information

The Service is offered by Firma Media and Communications PLC., located at Gollagul Bldg, 22 Mazoriya, Addis Ababa, Ethiopia. You can reach us by sending emails to at info@firma.media.

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