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terms & conditions

Last updated: November 29, 2025
Please read these terms of use (the “Terms of Use”) fully and carefully before using https://Borkington.com (the “Website”) and the services, features, content or applications offered by Borkington and its Affiliates (collectively, the “Community”, “Borkington”, “us”, “we”, “our”) (together with the Website, the “Service”). The Terms of Use set forth the legally binding terms and conditions for your access to and use of the Service. By creating an account, submitting artwork, or otherwise using our services, you ("User", "Artist", "Participant", or "You") agree to be bound by these Terms of Service ("Terms").

THE SERVICE COMPRISES AN ONLINE PLATFORM THROUGH WHICH ARTISTS (DEFINED BELOW) MAY SUBMIT VARIOUS ARTWORKS FOR CONTEST PURPOSES.
1. Definitions
1. "Website": Refers to https://Borkington.com and all related pages, features, and services.
2. "User", "Artist",  "Participant", or "you": means any individual accessing the Website, creating an account, participating in a contest, or submitting content.
3. "Submission": Means any artwork, image, file, design, or other creative content uploaded or submitted by a User.
4. "Contest": Means any competition, event, or activity hosted or operated by Borkington.
5. "Content": Means all materials displayed on or available through the Website, including Submissions, text, graphics, and Borkington-generated materials.
6. "We", "Us", Or "Our": Refers to the owners/operators of https://Borkington.com.
7. "Terms": Refers to these Terms of Service, including any updates, policies, rules, or guidelines referenced or incorporated by Us.
2. Eligibility

To access or use the service, You must:

  1. Be at least 13 years old. Users under 13 are prohibited.

  2. If under the age of digital consent in your jurisdiction, have a parent or legal guardian review and accept these Terms on your behalf.

  3. Represent and warrant that:

    • You meet all applicable age requirements.

    • The information you provide is accurate and complete.

    • Your use of the Service complies with all applicable laws.

We may request proof of age or parental consent at any time and may suspend or terminate accounts that cannot demonstrate compliance.

3. User Accounts

When creating an account, you agree to:

  • Provide accurate, complete, and up-to-date information.

  • Maintain the confidentiality of your login credentials.

  • Be responsible for all activity occurring under your account.

  • Notify us immediately of unauthorized access or security breaches.

  • Not transfer or share your account with any other person.

Borkington may restrict, suspend, or terminate your account at any time, with or without notice.

4. Artwork Submissions

By submitting artwork, you represent and warrant that:

4.1 Originality & Ownership

  • You are the sole creator and owner of all rights in the Submission; or

  • You have obtained all necessary rights, licenses, and permissions to submit it.

You further warrant that your Submission does not infringe any copyright, trademark, moral rights, privacy, publicity, or other rights of any third party.

4.2 Prohibited Content

Your Submission must not contain:

  • Stolen or misappropriated artwork

  • AI-generated or AI-assisted content of any kind

  • Offensive, defamatory, unlawful, or harmful material

  • Artwork created by another person without permission

  • Any copyrighted material you do not have rights to use

4.3 License You Grant to Borkington

By submitting artwork, you grant Borkington a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to:

  • Host, store, reproduce, and distribute your Submission

  • Display your Submission publicly

  • Create derivative formats or adaptations (e.g., resizing, compression for web)

  • Use your Submission for marketing, promotion, contests, social media, email communications, and archival purposes

This license is for purposes related to operating, promoting, and improving the Service.

You retain full ownership of your artwork.

To the maximum extent permitted by law, you waive any moral rights you may have in your Submission.

4.4 Proof of Creation

To ensure authenticity and fairness, Borkington may require you to provide proof of creation, including but not limited to:

  • Timelapse recordings

  • Work-in-progress images

  • Layered project files

  • Sketches, drafts, or thumbnails

  • Screenshots of your workspace

  • File metadata

  • A demonstration or explanation of your artistic process

Failure to provide adequate proof may result in disqualification or account action.
4.5 Additional Verification

Borkington may request:

  • Follow-up screenshots

  • Live or recorded demonstrations

  • Written explanations

  • Interviews regarding your artistic proces

Failure to comply may result in disqualification or account termination.

4.6 Disqualification

Borkington may disqualify any Submission or User for:

  • Suspected AI involvement

  • Infringement of third-party rights

  • Failure to prove originality

  • Plagiarism or tracing

  • Deceptive or fraudulent conduct

  • Harassment or rule violations

  • Attempting to manipulate votes or outcome

All decisions by Borkington or its judges are final and not subject to appeal.
4.7 No Financial Liability

You agree that:

  • If you are disqualified, you are not entitled to refunds, compensation, or damages.

  • You are solely responsible for any legal claims arising from your Submission.

6. DMCA & Copyright Policy

Borkington complies with applicable copyright laws.
If notified of alleged infringement, we may:

  • Remove or disable access to the Submission

  • Notify the User who posted it

  • Suspend or terminate repeat infringers

You agree to fully cooperate with any copyright or ownership investigation.

7. Indemnification

You agree to indemnify, defend, and hold harmless Borkington and its affiliates from and against all claims, liabilities, damages, losses, penalties, regulatory fines, and expenses (including legal fees) arising from:

  • Your Submissions

  • Your breach of these Terms

  • Intellectual property disputes

  • Misrepresentation, fraud, or misconduct

  • Violations of law or third-party rights

8. Disclaimers & Limitation of Liability

The Service is provided “AS IS” and “AS AVAILABLE.”

To the maximum extent permitted by law, Borkington disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

Borkington is not responsible for:

  • Loss of data or content

  • Downtime or interruptions

  • Unauthorized access to accounts

  • User disputes or interactions

  • Third-party actions or content

  • Accuracy or legality of User Submissions

Borkington’s total aggregate liability to you will not exceed the amount you paid us (if any).

9. User Conduct

When using the Service, you agree to comply with all applicable laws and the standards of behavior set out in this Section.
You further acknowledge that Borkington may investigate any suspected violation and take any action it deems appropriate.

9.1 Intellectual Property Compliance

You agree that you will not:

  • Submit artwork or content that infringes any copyright, trademark, trade secret, moral rights, or other proprietary rights.

  • Upload stolen, traced, copied, derivative, or repainted content based on the work of others without proper authorization.

  • Use generative AI tools, AI references, AI enhancements, or AI-created materials of any kind.

  • Misrepresent authorship, creation process, tools, or references used.

  • Use any third-party materials for which you do not hold rights, licenses, or permissions.

9.2 Misrepresentation, Fraud, and Deception

You must not:

  • Provide false information during registration or submissions.

  • Falsely claim to be the creator of a Submission.

  • Manipulate contests, votes, scoring systems, or any competitive element.

  • Create multiple accounts (“sockpuppets”) or impersonate another individual or entity.

  • Attempt to evade suspensions, bans, or access restrictions.

  • Forge or manipulate metadata, timestamps, or files to mislead the authenticity review process.

9.3 Interference with the Service

You must not:

  • Upload or transmit malware, viruses, worms, or harmful code.

  • Attempt to hack, disrupt, disable, overload, or interfere with the Website, servers, networks, or any related technology.

  • Use spiders, bots, scrapers, crawlers, automation tools, or any unauthorized software to access or interact with the Service.

  • Reverse-engineer, decompile, or attempt to extract the Website’s source code or proprietary systems.

  • Circumvent security features, authentication systems, or content protection measures.

9.4 Abuse, Harassment, and Harmful Behavior

You must not:

  • Harass, threaten, bully, or intimidate other Users or Borkington staff.

  • Engage in hate speech, discriminatory behavior, or promote violence, including on the basis of race, ethnicity, religion, nationality, gender, sexual orientation, disability, or any other protected characteristic.

  • Submit or distribute content that is defamatory, obscene, harmful, or unlawful.

  • Promote self-harm, dangerous activities, or illegal conduct.

9.5 Misuse of Communication Features

You must not:

  • Send spam, unsolicited advertisements, pyramid schemes, or unrelated promotional content.

  • Post misleading, deceptive, harmful, or inappropriate messages.

  • Trawl, solicit, or harvest personal data from other Users without authorization.

  • Promote external websites, businesses, or services unless expressly permitted by Borkington.

9.6 Cooperation & Investigations

You agree to:

  • Fully cooperate with Borkington’s investigations into authenticity, misconduct, or violations.

  • Provide requested materials, files, screenshots, or information in a timely manner.

  • Participate in interviews or provide statements if necessary for verification.

Failure to cooperate may result in immediate suspension or disqualification.

9.7 Responsibility for Account Activity

You are responsible for:

  • All actions taken under your account, whether by you or by anyone else who accesses it.

  • Keeping your login credentials confidential and secure.

  • Immediately notifying Borkington of any unauthorized use or security breach.

9.8 Enforcement & Consequences

Violations of this Section may result in any of the following actions, at Borkington’s sole discretion:

  • Removal of Submissions

  • Disqualification from any Contest

  • Warnings or formal notices

  • Temporary or permanent account suspension

  • Termination of your account without refund or compensation

  • Blocking your IP address or devices

  • Reporting violations to law enforcement authorities

  • Pursuing legal action for damages or injunctive relief

Borkington’s decisions regarding enforcement are final, binding, and non-negotiable.

10. Privacy

Your use of the Service is also governed by our Privacy Policy, which forms part of these Terms and complies with applicable data protection laws, including GDPR and the ADGM Data Protection Regulations (where applicable).

11. Content Removal & Account Termination

Borkington may, at any time and at its sole discretion:

  • Remove or modify any Submission

  • Suspend, restrict, or terminate any account

  • Refuse new accounts from previously terminated users

  • Delete all data associated with terminated accounts

  • Discontinue any aspect of the Service without liability

Users may delete their accounts at any time.

Termination does not limit Borkington’s rights to seek legal remedies.
 

12. Changes to Terms

Borkington may amend these Terms at any time.
Updated Terms become effective immediately upon posting.
Your continued use of the Service constitutes acceptance of the updated Terms.

13. Governing Law & Jurisdiction

These Terms and any dispute or claim arising out of or relating to them are governed by the laws of England and Wales.

The parties agree to the exclusive jurisdiction of the courts of the Abu Dhabi Global Market (ADGM).

14. Contact Us

For questions please email: help@borkington.com

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