TERMS AND CONDITIONS
Terms of Service
Last Updated Date: December, 2, 2017
1. User Acceptance
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK THROUGH THE SITE OR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
Artcur reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
1. Seller Terms and Conditions
Listing an Original Work on The Site
You may submit listings for original works of art (“Original Works of Art”) that you have created and that you desire to sell through the Site and Services. You may not submit listings for Original Works of Art that were created by another artist. Therefore, you acknowledge and agree that you are solely responsible for all Original Works of Art that you make available through the Site and Services. Accordingly, you represent and warrant that you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art.
In order for your listings to be accepted, you must provide Artcur with all the information requested on the email we sent you and you must comply with any other Artcur Art requirements as identified on such email. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing Artcur with a copy of a government-issued ID or similar documentation.The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.
You must immediately inform Artcur if an Original Work of Art is no longer available, so that Artcur may change its availability settings on the Site.
You acknowledge that Artcur will display the artwork you submit at its sole discretion.
Remove an Original Work from the Site
You always retain the right to remove a listing for an Original Work of Art from the Site. In order to do so, you must send an email at email@example.com, mentioning the name of the Original Work of Art you wish to remove.
If you submit listings for Original Works of Art, you hereby appoint Artcur as an independent non-exclusive reseller with the right to resell such Original Works of Art through the Site and Services and you hereby grant Artcur a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to :
⁃ use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art Sales via Online Sales channels.
⁃ access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting Artcur, the Site and the Services.
You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the potential sale of an Original Work of Art via the Online Sales channel.
As between you and Artcur, Artcur will be deemed the seller of any Original Works of Art that is purchased via Online Sales channels.
You acknowledge that Artcur reserves the right to promote and market Original Works of Art through the use of sales and/or discounts.
Artcur will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Site and Services.
Artcur will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Artcur, you will be responsible for shipping the purchased Original Work of Art directly to the purchaser.
You agree to ship the purchased Original Work of Art to the purchaser within seven days following the date of purchase.
If you do not ship the purchased Original Work of Art to the purchaser prior to the expiration of the shipping period, then the sale may be cancelled. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, Artcur (after providing documentation) reserves the right to deduct the resulting increased shipping costs from your sales revenue.
Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
You agree to comply with the terms and conditions of Artcur’s then-current Return Policy that are applicable to any Original Works of Art that are sold through the Site and Services.
The buyer shall have the right to return a purchase within fourteen days of receipt, for an exchange or refund at his/her preference.
When/if an Original Work of Art is sold through the Site, We will immediately inform you via email.
Subject to Artcur’s receipt of confirmation of delivery to the purchaser, and following the expiration of the return period for sales of Original Works of Art, Artcur will credit your personal account with the corresponding sales revenue within a commercially reasonable time. Your personal account informations (Bank account, Paypal, TransferWise..) will be asked from you when/if you sell an Original Work of Art for the first time. You may always modify your personal account preferences by emailing firstname.lastname@example.org
1. Buyer Terms and conditions
Purchases of Original Works of Art
You may purchase Original Works of Art that are listed on the Site. When you purchase such an Original Work of Art through the Site and Services, you are purchasing the work from Artcur and not from the Artist identified on the listing for such work. Prices for Original Works of Art will be as specified on the applicable listing.
You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt.
Artcur will collect your billing and shipping information and process your payment. The Artist identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of Artcur’s then-current Return Policy apply to any Original Works of Art that you purchase through the Site and Services.
You understand and agree that Artcur uses commercially reasonable efforts to display the colors of Original Works of Art accurately via the Site and Services. However, because individual computer monitors may display colors differently, Artcur is not responsible for the color accuracy of any Original Works of Art displayed on the Site and Services, and disclaims all liability in this regard.
Artcur reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Site and Services if Artcur determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If Artcur cancels an order placed via the Site and Services, Artcur will send you an email confirmation of such cancellation and you will not be charged for your order.
1. Terms for both Sellers and Purchasers
If you have submitted a listing for an Original Work of Art and have been contacted through the Site and Services by a third with respect to purchasing either of the foregoing, you may not sell such Original Work of Art to such third independent of the Site and Services. Similarly, if you are an Artist listed on Artcur and desire to purchase an Original Work of Art for which another Artist has submitted a listing, you may not purchase such Original Work of Art from such Artist independent of the Site and Services.
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in U.S. dollars and do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”).
If you are a seller of Original Works, you acknowledge that Artcur will withhold the Taxes required to be withheld from the payments Artcur makes to you. Seller must fill out appropriate Tax forms prior to any commissions being paid. Commissions will be paid as follows:
⁃ For an Artist living within the United States, a W9 Tax Form must be filled out for the sale of an Original.
⁃ For an Artist living outside the United States, a W8BEN Tax Form must be filled out for the sale of an Original.
If you are a purchaser of Original Works, you acknowledge that Artcur will add Taxes to the amounts charged, as a separate charge, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
Artcur may make available through the Site and Services text, graphics, audio, video and images of works of art (collectively, “Artcur Content”), some of which is owned by Artcur (“Artcur-owned Content”), and some of which is made available under license by a third party (“Artcur-licensed Content”). Artcur authorizes you to download, view and print Artcur-owned Content” solely for your personal use in visiting the Site. For Artcur Licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the page of the Site where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such Artcur Licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Artcur or its licensors, except for the licenses and rights expressly granted in these Terms.
Use the Site, Services, Artcur Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms.
The Site, Services and Artcur Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Artcur and its licensors exclusively own all right, title and interest in and to the Site, Services and Artcur Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Artcur Content.
Artcur respects copyright law and expects its users to do the same. Please see Artcur’s Copyright Policy at Copyright Policy for further information.
All trademarks, service marks, logos, trade names and any other proprietary designations of Artcur used herein are trademarks or registered trademarks of Artcur. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
If you breach any of these Terms, Artcur will have the right to terminate these Terms, at its sole discretion and without prior notice to you. Artcur reserves the right to revoke your access to and use of the Site, Services, Artcur Content at any time, with or without cause. In the event Artcur terminates these Terms for your breach, you will remain liable for any amounts due hereunder.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services, Artcur Content remains with you. Neither Artcur nor any other party involved in creating, producing, or delivering the Site, Services, Artcur Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Artcur Content, or from any communications, interactions or meetings with other Members or users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Artcur has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Delaware without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Delaware and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between Artcur and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Artcur and you regarding the Site and Services.
If you have any questions about these Terms, please contact Artcur at email@example.com.