Terms & Conditions

Welcome to the shemza.digital website. If you browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use (“Terms”). These Terms together with our Privacy Policy govern shemza.digital’s relationship with you in relation to this Website and your Digital Painting and submission to the archive. If you disagree with any part of these Terms, please do not use this Website.

Terms 

1. DEFINITIONS

  1. ‘Artwork’ means any artwork, creation or installation created wholly or in part by us now, or in the future, including any reproductions, editions and derivatives of the same;

  2. ‘Content’ refers to any information and material on our Website or otherwise published by us, (or a third party with our consent), any code, software, hardware or tools that form part of the Website;

  3. ‘Digital Painting’ means any and all digital paintings that you create using the Website and submit by pressing “save”;

  4. ‘shemza.digital’ or ‘us’ or ‘we’ refers to the owner of the website, being Aphra Shemza;

  5. ‘Website’ is all of the computing hardware, software and design that makes up our platform https://www.shemza.digital; and

  6. ‘you’ refers to the user or viewer of the Website.


2. YOUR INFORMATION

  1. Any Digital Painting, title & name that you enter during the submission process is public and can be seen by other people.

  2. All other private information or data you have given us such as your email address when signing up to our Newsletter or mailing list, or data provided as feedback, is held in accordance with our Privacy Policy, which you can view below for more information.

  3. Your name will not be included in or associated with the Artwork.


3. COPYRIGHT & CONTENT

  1. The Website allows you to create a Digital Painting using the style and inspiration of Anwar Shemza. We have obtained a licence from the Anwar Shemza Estate to create this tool which enables the creation of Digital Paintings. We also own the intellectual property rights in the code and the software that makes this possible. By using the Website you agree that you will not use any Content or your Digital Painting except as permitted under these terms under “Your Use”.

  2. By submitting a Digital Painting to the archive (by pressing “save”) you grant us an exclusive, perpetual, worldwide, royalty-free, sub-licensable and transferable licence to reproduce and publish the Digital Painting and to use and incorporate the Digital Painting, or part of the Digital Painting, into new Artworks, in which we shall own the copyright. You acknowledge that you shall not have any intellectual property rights in the new Artwork and you waive your rights of attribution and integrity in the Digital Painting.

  3. In order to incorporate the Digital Painting into the Artworks, you authorise us to modify, adapt and adjust the Digital Painting at our discretion.

4.YOUR USE

  1. If you would like to download a copy of the Digital Painting for your personal use, or to share on social media, you may do so subject to the following conditions:

  • you shall only download the Digital Painting and not any other Content;

  • you shall not alter the file that has been downloaded from our Website including removing, distorting or otherwise altering the shemza.digital watermark from the Digital Painting; and

  • you shall not misrepresent your relationship with us including by representing that you are affiliated with us.

2. You agree that the Digital Painting you have downloaded is for your own personal use and you will not reproduce, sell or otherwise use the Digital Painting for any commercial purpose.

5.USER MATERIAL AND CONDUCT 

  1. You may not post or transmit to the Website (including within you Digital Painting) any material which:

    • at our discretion is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience to us or to other users;

    • which infringes the intellectual property rights of any third party;

    • which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

    • which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

  2. You shall not circumvent, remove, alter, deactivate, degrade or thwart any of the Content or Website protections; use any robot, spider, scraper or other automated means to access the Content or Digital Paintings; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website; insert any code or product or manipulate the Content in any way or use any data mining, data gathering or extraction method.

6. DISCLAIMERS

  1. The Content of the Website is subject to change without notice. The collection of Digital Paintings to our archive is for the purpose of creating a new artwork, and we may therefore cease accepting Digital Paintings in the future without notice when we have received a sufficient number to create the Artwork.

  2. We may also close down the Website, change or modify the tool, or change the purpose around which the Website is based. In the event of a substantial change to the purpose of the Website, we shall amend our Terms accordingly.

  3. We are entitled to delete or remove Digital Paintings or other content from the Website or the archive from time to time in our discretion, and without notice. In particular, we will remove Digital Paintings or other content which we consider to be in breach of these Terms.

  4. We will try to ensure the Website is accessible at all times whilst we are accepting Digital Paintings, however access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We shall not be liable if for any reason the Website is unavailable at any time or for any period. We also do not guarantee the speed, accuracy or quality of any Content on the Website including the tool used to create Digital Paintings.

  5. We exclude all liability and responsibility for any amount of loss or damage that may result to you or a third party in connection with the use, inability to use or the results of use of the Website. This includes any loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website. All warranties, terms and conditions in this regard, including all warranties, terms and conditions implied by statute or otherwise, of satisfactory quality and fitness for purpose are excluded to the fullest extent permitted by law.


7. GOVERNING LAW

  1. Your use of the Website and any dispute or claim or whatever nature arising out of or in connection with such use, the Digital Painting or the Artwork, (including any non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England. You irrevocably agree that the courts of England shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms or their subject matter.

Privacy Policy


shemza.digital values your privacy. Whether you are a visitor to their website, exhibition and events or none of the above, here is an overview of how your data is collected and processed.


1. NEWSLETTER

shemza.digital sends out a newsletter, which you can sign up for on this website. shemza.digital uses MailChimp to create the newsletters, and you can check out their privacy policy here. Shemza.digital will only send you newsletters with your explicit consent, and you can unsubscribe at any time by clicking a link at the bottom of each newsletter.

2. WEBSITE

shemza.digital uses Squarespace to run their website. These services make use of a few functional cookies – small files which are sent from our website and stored on your computer. You can block or delete these from your computer at any time. You can find the Squarespace privacy policy here. shemza.digital does not use non-functional or third party cookies on our website, which would require you to opt-in.

3. DATA STORAGE

For admin and employee use shemza.digital keeps data on past clients and attendees of current events stored on Icloud drive. These are password protected. You can find Apple’s privacy policy. shemza.digital only shares your data within their own business and employees, and will not share it with third parties except with express consent from you. You have the right to be asked to be removed at any time.

 4. HOW YOUR DATA IS USED

Your data is processed so that shemza.digital can provide services to you. shemza.digital only collects the data they need to deliver these services, and only keeps it as long as is necessary.


Questions? Email: info@shemza.digital