Last Updated Date: 23.01.2014
Certain areas of the Site and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, 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.
Art.Biz 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 change 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.
The Site and Services are intended solely for persons who are 16 or older. Any access to or use of the Site or Services by anyone under 16 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 16 or older.
In order to list a work on the Site or to make a purchase through the Site, you must first create an account ("Account") by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a "User" You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Art.Biz reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Art.Biz of any unauthorized use of your Account.
Seller Terms and ConditionsListing Works on the Site
As a Member/User, you may submit listings for original Art Work ("Original Art Work") that you have created and/or which you own and that you desire to display or sell through the Site and Services. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing Art.Biz with a copy of a government-issued ID or similar documentation. Your listings must be accurate and complete and will be checked and approved by Art.Biz before disply. Art.Biz reserves the right to edit any listings to ensure that they comply with the company regulations. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.
You acknowledge that Art.Biz reserves the right to promote and market Original Art Work and/or Digital Works through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Original Art Work and/or Printed Works (defined below) relating to the Digital Works. You always retain the right to remove a listing for an Original Art Work or Digital Work from the Site - please see below for instructions.
If you want to remove a listing for an Original Art Work or Digital Work from the Site you must go to your account, click on the image you want to delete and then click on Remove and follow the steps set forth on that page.
Responsibility for Works
You acknowledge and agree that you are solely responsible for all Original Art Work and Digital Works that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) as to Original Art Work that you make available through the Site and Services, you are the creator and/or sole and exclusive Owner of all such Original Art Works; (ii) as to Digital Works that you make available through the Site and Services, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to Art.Biz the rights in such Digital Works as contemplated under these Terms; and (iii)neither the Original Art Work nor Digital Works that you make available through the Site and Services nor Art.Biz’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party`s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
If you submit listings for Original Art Work, you hereby appoint Art.Biz as an independent non-exclusive reseller with the right to resell such Original Art Work through the Site and Services and on third party websites (collectively “Online Sales”) and you hereby grant Art.Biz a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Art Work Salesvia Online Sales channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Art Work in any form, medium or technology now known or later developed for the purpose of promoting Art.Biz, 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 Artist Revenue Share (defined below), which is payable only upon the sale of an Original Art Work via the Online Sales channel.
As between you and Art.Biz, Art.Biz will be deemed the seller of any Original Art Work that are purchased via Online Sales channels. If an Original Art Work and/or Printed Works are sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable Buyer via the third party website. However, as between you and Art.Biz, these Terms will apply to the sale of such Original Art Work and/or Printed Work.
Art.Biz and/or its third party service providers will be responsible for collecting billing and shipping information from the Buyer and for processing payment for such purchases via the Site and Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or Art.Biz’s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the Buyer and for processing payments, and will remit applicable payments relating to such sales as agreed upon between Art.Biz and the third party website or Art.Biz’s Offline Sales partner, as applicable, to Art.Biz and share related shipping information, including the contact details of the Buyer where necessary, with Art.Biz.
For Original Art Work only, Art.Biz will provide you with the name and address of the Buyer and, unless otherwise instructed in writing by Art.Biz and preferred by or chosen the Buyer, you will be responsible for shipping the purchased Original Art Work directly to the Buyer. Art.Biz will provide you with information regarding its preferred Courier / Postal Services with which Art.Biz maintains an account. You agree to ship the purchased Original Art Work to the Buyer within seven days following the date of purchase (the "Shipping Period"). If you do not ship the purchased Original Art Work to the Buyer prior to the expiration of the Shipping Period, then the sale may be cancelled. If you ship the purchased Original Art Work via a Art.Biz preferred shipper account, Art.Biz will be responsible for the cost of shipping, which will be initially collected from the Buyer together with the payment for the Art Work itself. You are responsible for providing accurate shipping weight, shipping dimensions and shipping address to Art.Biz if you are using a Art.Biz preferred Courier/Postal Service. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, Art.Biz (after providing documentation) reserves the right to deduct the resulting increased shipping costs from your Artist Revenue Share (defined below). If you do not ship the purchased Original Art Work via a Art.Biz preferred Courier / Postal Service or if you pay for the cost of shipping yourself, Art.Biz will reimburse you for the amount you paid, up to the amount that Art.Biz or the third party website charged the Buyer for shipping.
For sales of Original Art Work via the Online Sales channels, Art.Biz will credit your Account in an amount to be determined in accordance with Art.Biz’s then-current standard pricing and commission terms, which may be found at art.biz for sales of Original Art Work via the Site and Services, subject to Art.Biz’s receipt of confirmation of delivery to the Buyer, Art.Biz will credit your Account with the corresponding Artist Revenue Share following the expiration of the return period and for sales of Original Art Work via third party websites, Art.Biz will credit your Account with the corresponding Artist Revenue Share within a commercially reasonable time after it has received payment from the third party website and the Original Art Work has been confirmed to have been successfully delivered to the Buyer, as determined by Art.Biz, in its sole discretion.
You agree to comply with the terms and conditions of Art.Biz`s then-current Return Policy at art.biz that are applicable to any Original Art Work that are sold through the Site and Services.
You will have the right to request Art.Biz to remit the Artist Revenue Share in your Account in accordance with a Art.Biz-designated payment schedule. Upon the termination of these Terms or cancellation of your Account, Art.Biz will remit to you the remaining balance of Artist Revenue Shares in your Account, if any.
Each Member/User is given the sole right to decide to purchase, by online payment, Additional features available at Art.Biz web-site.
a) Search upgrade: increase the visibility and appearance of Artist’s/Seller’s Art Work. This feature helps move one’s Art Work to top positions in all relevant Filter views until someone else, with an Art Work of similar filter parameters does not use the same feature.
b) Purchase individual Contact: purchase individual contact details of one Seller/Artist – User of Art.Biz
c) Purchase all Art.Biz Contact: this special feature allows any User purchase access to anyone’s Users available on Art.Biz, who chooses his Contact data to be visible to 3rd parties.
All payments for additional features are non-refundable.
Buyer Terms and Conditions
Purchases of Original Art Work
As a Member, you may purchase Original Art Work that are listed by other Members on the Site. When you purchase such an Original Art Work through the Site and Services, you are purchasing the work from Art.Biz and not from the Member identified on the listing for such work. Prices for Original Art Work 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. Art.Biz and/or its third party service providers will collect your billing and shipping information and process your payment. The Member identified on the listing of the Original Art Work will ship the purchased work directly to you. The terms and conditions of Art.Biz`s then-current Return Policy apply to any Original Art Work that you purchase through the Site and Services. When you purchase Original Art Work via Online Sales (other than via the Site and Services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.
Sale of ArtWork
Upon Confirmation of Order and Purchase of the ArtWork by the Buyer, Art.Biz will await for full payment to be received on the Art.Biz Management Bank account before confirming the transaction/sale to the Buyer and the Seller or Artist/Seller. As soon as the Payment is received, Art,Biz will inform the Seller/Artist/Seller and the Buyer about the receipt of funds/payment and inform both the Buyer and the Seller of each other’s contact details. The Buyer identifies how he/she wants the delivery of ArtWork to be executed. In this case he should chose the right option in the Check-out menu, prior finalizing the purchase.
In case the Buyer wants to organize the delivery without involving Art.Biz, he himself should contact the Portal or Courier service, and organize the pick up of the painting at the Seller’s premises by signing the necessary paperwork and paying for the courier/postage services. The Seller in turn, will undertake to prepare the necessary paper-work and organize safe hand-over to the Courier or Postal Service. Art.Biz will not be involved in the process of transportation, unless the Buyer requires additional help in communication with the Seller/Artist/Seller. Until the ArtWork is received by the Buyer, the Seller/Artist/Seller has no chance in collecting his payment.
In case the Buyer chooses Art.Biz to be involved in the transportation process, he will be asked to pay a fee equivalent to DHL’s International Tariff plan together with the price of the ArtWork. It is then the Seller who may contact the Courier/Postal service, preferably DHL, and either pay them for assistance n obtaining the necessary paperwork, or prepare the paper-work himself. The courier/postal service fee paid by the Buyer would then be paid by Art.Biz directly to DHL, or to the Seller/Painter should he choose to use a different Courier or postage Service. The fee refunded to the Seller/Artist/Seller, in case he/she chooses a Courier/Postal service other than DHL, will not exceed the tariff of DHL International.
Terms of Payment
The Artist/Seller shall authorize Art.Biz to collect and receive the Purchase Price for the ArtWork sold through Art.Biz web site or any other means in any manner, which Art.Biz considers appropriate. Upon delivery the ArtWork to the Buyer and receipt by Art.Biz confirmation of similarity of original ArtWork with the description set out on Art.Biz web site, Art.Biz will transfer, within 3 (three) banking days, to the Artist/Seller/Seller the Purchase Price less Commission due to Art.Biz.
In case of discrepancies between original ArtWork received by the Buyer and description set our on Art.Biz web site, duly witnessed by the Courier and Art.Biz, and refusal of the Buyer from the ArtWork, Art.Biz shall not return the ArtWork to the Artist/Seller/Seller until the Artist/Seller covers all expenses incurred by Art.Biz, including delivery costs.
1.1. Delivery of the Artwork shall be made by Courier to the Shipping Address shown in the Order. It is important that this address is accurate. Please be precise about where You would like the Artwork left if You are out when Art.Biz deliver. Once the Artwork has been delivered in accordance with Your delivery instructions, You will be responsible for them. Our responsibility for everything other than damage due to our negligence will cease upon delivery.
1.2. If Art.Biz is not able to deliver Your Artwork within 30 days of the date of Your Order, Art.Biz shall notify You by e-mail to arrange another date for delivery.
1.3. Art.Biz may deliver the Artworks in installments if the Artworks are not available at the same time for delivery.
1.4. On delivery it is Your responsibility to ensure that the Artwork complies with description, size, medium and other characteristics set out on this Site.
1.5. You are asked to examine the Artwork upon delivery in the presence of the Courier. Any claim by You based on any defect in the quality or condition of the Artwork or their failure to correspond with description must (whether or not delivery is refused by you) be notified to Art.Biz immediately by telephone with further notice by e-mail, which shall contain facts of discrepancy or damages. After completion the notice Courier shall deliver the Artwork to Art.Biz for examination for account of Art.Biz.
1.6. In case Art.Biz confirm discrepancies or damages specified in Your notice Art.Biz shall refund You full purchase price of Artwork (including cots for delivery) already paid.
1.7. In case of similarities between the original Artwork and descriptions set out on this Site Art.Biz will return the Artwork to You provided that You will cover all expenses incurred by Art.Biz, including delivery and re-delivery costs.
1.8. All persons at the Shipping Address shall be deemed to have authority to sign any delivery note issued with the Artwork, which once signed shall be conclusive evidence that delivery has taken place.
1.9. If Art.Biz fail for any reason within our control to fully/partially deliver Your Artwork any refund shall be no more than the purchase price of the Artwork, together with any delivery and/or reasonable return costs.
1.10. Either Art.Biz or You are entitled to cancel the Contract in respect of non-performance of obligations in relation to delivery. If cancelled Art.Biz will refund You any monies already paid by You and any reasonable return costs incurred by You.
1.11. By Your request, Art.Biz may, for additional costs paid by You, collect the Artwork from the artist in your favour and act as escrow in examination of similarities between the original Artwork and its descriptions set out on this Site.
1.12. Art.Biz shall certify and photograph received Artwork and its condition in the presence of the Courier. Art.Biz shall send the relevant photos to You and to the artist by post confirming similarities or discrepancies between the original Artwork and its descriptions on the Site.
1.13. The Artwork shall be kept in storage of Art.Biz not more than 3 (three) days from the date of receiving the Artwork by Art.Biz till the date of its delivery by the Courier to You.
Returns and refunds
2.1. You have a cooling off period of 2 days after the date on which You have received the Artwork to cancel the Contract, and return the Artwork at Your cost and receive a full refund of the purchase price.
2.2. All correspondence regarding the return of Artwork shall be carried out between You and Art.Biz. You may not contact any artist directly for any reason. During the cooling off period any cancellation must be given by written notice to Art.Biz.
2.3. Artworks must be returned to the artist within 21 days of delivery complete and undamaged with all accessories. The original packing must be returned in reasonable condition.
2.4. After our artist has received the Artwork we will credit your Payment Card with the full purchase price of the Artwork.
2.5. Art.Biz is under no obligation to collect or recover Artwork from You, but if we do, our costs will be payable by You.
The Artist/Seller agrees to defend, indemnify, reimburse and hold Art.Biz and subsidiary and affiliated entities, and its and their members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sub licensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses including reasonable attorney`s fees, costs and expenses and court costs arising out of or related to:
- the Artist/Seller`s use of the Art.Biz site;
- any breach or alleged breach of the Artist/Seller`s representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions of this Agreement;
- and the Artist/Seller`s violation or alleged or threatened violation of any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of the Artist/Seller Materials as provided in this Agreement.
The Artist/Seller acknowledges and agrees that the operation of the web site of Art.Biz may, from time to time, encounter technical or other problems and may not necessarily continue uninterrupted and Art.Biz will not be responsible to Artist/Seller or others for any interruptions, errors or problems or even for an outright discontinuance of the Art.Biz service. There are no assurances whatsoever that any of the Art Work or any part or element of the Art Work will actually be used on the Art.Biz site or if used will continue to be available for any particular time.
Art.Biz has the right, according to the sole and absolute discretion of in Art.Biz, to remove from the Art.Biz web site at any time the Art Work and/or to revoke any sublicense granted by Art.Biz to any affiliate or unaffiliated third party. Art.Biz is to be in control the content of the Art Work as represented on the Art.Biz web site.
The Artist/Seller acknowledges that the Artist/Seller is solely responsible for all content submitted to the Art.Biz for use on the Art.Biz web site. Art.Biz web site may be discontinued at any time, with or without reason and all the Artist/Seller Materials uploaded to Art.Biz may be removed and unavailable for recovery by any means.
Liability of the Artist/Seller
The Artist/Seller shall be responsible to arrange for all export paper-work prior pick up of the ArtWork by the Courier/Postal Service
The Artist/Seller shall be responsible for authenticity between the image and description of the painting displayed on the Website and the painting presented to the Courier/Postal Service for delivery. The main particulars, such as size, dimension, medium and other facts should be noticed in the Receipt provided by the Courier/Postal Service.
The Artist/Seller should be responsible for the availability of the painting for sale, and undertakes not to sell it to any 3rd party after the receiving an electronically generated Order Confirmation received from Art.Biz.
To the maximum extent permitted by applicable law, Art.Biz disclaims all warranties, either express or implied, including but not limited to:
- uninterrupted or continuous availability of Art.Biz web site, and
- implied warranties of merchantability, fitness for a particular purpose, and no infringement with respect to Art.Biz web site and any services provided by Art.Biz hereunder.
Although Art.Biz intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to Art.Biz web site, and whether or not Art.Biz implements the aforementioned reasonable protections, Art.Biz does not warrant that Art.Biz web site, any part thereof, or any information or other material accessible through Art.Biz web site is free of viruses, worms, Trojan horses or other harmful components.
No Liability for Third Party Use
Art.Biz disclaims all responsibility and liability for any third-party use of the Art Work made available on Art.Biz web site by the Artist/Seller or by Art.Biz pursuant to the terms of this Agreement.
The Artist/Seller shall be solely responsible for seeking relief for any unauthorized use of the work by a third-party, and not from Art.Biz. This means, among other things, that if another person obtains the Art Work from Art.Biz (whether or not with Art.Biz permission), and uses those materials in a way not authorized by the licenses granted under this Agreement the Artist/Seller will seek redress or recovery from the other person or entity and not from Art.Biz and that the Artist/Seller will not hold Art.Biz responsible or liable for such unauthorized use.
Exclusion of Damages
To the maximum extent permitted by applicable law, in no event (including negligence) shall Art.Biz, its officers, directors, members, parents, affiliates, subsidiaries, licensees, assigns, successors, agents, representatives, employees or licensors be liable for any damages whatsoever (including without limitation, damages arising out of an action under contract, negligence or any other theory and damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss, incidental damages, consequential damages, punitive damages, exemplary damages), whether or not Art.Biz has been advised of the possibility of such damage, arising out of or in connection with this Agreement or the use or performance of Art.Biz web site. In no event shall the total liability of Art.Biz to the Artist/Seller under this Agreement from all causes of action and under all theories of liability exceed $1000.00 (One thousand dollars).
The parties acknowledge and agree that Art.Biz has entered into this Agreement in reliance on the limitations of liability specified in this Agreement, which allocate the risk between the Artist/Seller and Art.Biz, and form the basis of the bargain between the parties.
Art.Biz reserves the right to cancel any order for an Original Art Work or Printed Work placed via the Site and Services if Art.Biz 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 Art.Biz cancels an order placed via the Site and Services, Art.Biz will send you an email confirmation of such cancellation and you will not be charged for your order.
Terms for both Sellers and Buyers
If you are a Member/User and have submitted a listing for an Original Art Work and have been contacted through the Site and Services by another Member/User with respect to purchasing either of the foregoing, you may not sell such Original Art Work to such Member/User independent of the Site and Services. Similarly, if you are a Member/User and desire to purchase an Original Art Work for which another Member/User has submitted a listing, you may not purchase such Original Art Work or Digital Work from such Member/User 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 and/or Printed Works, you acknowledge that Art.Biz will withhold the Taxes required to be withheld from the payments Art.Biz 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/Seller living within the United States, a W9 Tax Form must be filled out for both the sale of an Original or Prints.
For an Artist living outside the United States, a W8BEN Tax Form must be filled out for Originals and Prints. A W8BEN with an ITIN (Individual Taxpayer Identification Number) should be filled out for Prints. If an ITIN number is not provided, Art.Biz will automatically withold at the maximum US Tax Rate. Funds will be sent to the United States Tax Office on your behalf..
If you are a Buyer of Original Works and/or Printed Works, you acknowledge that Art.Biz 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.
You understand and agree that Art.Biz uses commercially reasonable efforts to display the colors of Original Art Work, Digital Works and Printed Works accurately via the Site and Services. However, because individual computer monitors may display colors differently, Art.Biz is not responsible for the color accuracy of any Original Art Work displayed on the Site and Services, and disclaims all liability in this regard.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Art.Biz and you hereby irrevocably assign to Art.Biz and agree to irrevocably assign to Art.Biz all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Art.Biz`s request and expense, you will execute documents and take such further acts as Art.Biz may reasonably request to assist Art.Biz to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
In addition to submitting listings for Original Art Work, Art.Biz may, in its sole discretion, designate areas of the Site in which Members can post, upload, publish or submit text, graphics, audio, video, images of Art Work or other content on or to the Site (individually or collectively, "Member Content"). "Member Content" excludes any images of Original Art Work or Digital Works for which a Member submits a listing, as described under "Seller Terms and Conditions" above. Art.Biz does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that a Member may have to use and exploit any such Member Content. By making available any Member Content on or through the Site and Services, (i) you grant Art.Biz a worldwide, non-exclusive, transferable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such Member Content on or through the Site and Services in any form, medium or technology now known or later developed, for the purpose of promoting Art.Biz, the Site and Services, and (ii) you grant directly to other Members the right and license to view your Member Content on or through the Site and Services only in connection with such Member`s authorized use of the Site and Services. You reserve all other rights and licenses in and to any Member Content that you make available on or through the Site and Services.
You acknowledge and agree that you are solely responsible for any Member Content that you make available on or through the Site. You represent and warrant that: (i) you are the sole and exclusive owner of all Member Content that you make available on the Site or that you have all rights, licenses, consents and releases that are necessary to make available such Member Content and to grant all rights and licenses in such Member Content as granted under these Terms; and (ii)neither the Member Content nor your making available any Member Content on the Site nor any use of any Member Content as permitted under these Terms will infringe, misappropriate or violate a third party`s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Art.Biz may also make available through the Site and Services text, graphics, audio, video and images of Art Work (collectively, "Art.Biz Content"), some of which is owned by Art.Biz ("Art.Biz-owned Content"), and some of which is made available under license by a third party ("Art.Biz-licensed Content"). Art.Biz authorizes you to download, view and print Art.Biz-owned Content" solely for your personal use in visiting the Site and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For Art.Biz 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 Art.Biz Licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Art.Biz or its licensors, except for the licenses and rights expressly granted in these Terms.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i)infringes, misappropriates or violates a third party`s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Site, or any individual element within the Site, Art.Biz`s name, any Art.Biz trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Art.Biz`s express written consent;
Access, tamper with, or use non-public areas of the Site, Art.Biz`s computer systems, or the technical delivery systems of Art.Biz`s providers;
Attempt to probe, scan or test the vulnerability of any Art.Biz system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Art.Biz or any of Art.Biz`s providers or any other third party (including another user) to protect the Site, Services, Art.Biz Content or Member Content;
Attempt to access or search the Site, Services, Art.Biz Content or Member Content or download Art.Biz Content or Member Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Art.Biz or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Art.Biz trademark, logo URL or product name without Art.Biz`s express written consent;
Use the Site, Services, Art.Biz Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Art.Biz Content or Member Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Art.Biz Content or Member Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Art.Biz will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Art.Biz may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Art.Biz has no obligation to monitor your access to or use of the Site or Services or to remove any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Art.Biz reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Art Work, Art.Biz Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Art.Biz, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.
License to Use the Art Work
As used in this Agreement, the term “the Art Work” means any content uploaded to the Art.Biz web site, i.e. art.biz, which may include, without limitation, the Artist/Seller`s name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, artwork, video, liner notes, and other graphical or textual materials and any computer-generated images, video or other artwork or images that Artist/Seller submits to Art.Biz (hereinafter referred to as “the Artist/Seller Materials”).
As and when the Art Work is submitted to Art.Biz, the Artist/Seller/Seller grants to Art.Biz a worldwide, royalty-free, non-exclusive license to prepare and encode the Art Work or any part of the Art Work for digital transmission, manipulation and exhibition in any format, modify, adapt, change or otherwise alter the Artist/Seller Materials; to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including digital) or other means, and electronically or otherwise publish any or all of the Art Works, including any part of them, and to include them in compilations for publication, by any and all means and media now known or not yet known or invented. The Artist/Seller also grants right to sublicense to any other person or company any of the licensed rights in the Art Work, or any part of them, subject to the terms and conditions of this Agreement. The Artist/Seller acknowledges that the Artist/Seller will not have any right, title, or interest in any other materials with which the Art Work may be combined or into which all or any portion of the Artist/Seller Materials may be incorporated.
During the Term Art.Biz`s licenses under this Agreement include the right to use any part of the Art Work in the promotion, advertising or marketing of the Art.Biz web site free of charge. The Art Work may be used in any media format, without prior consent or approval from the Artist/Seller. Where the Art Work is used to promote Art.Biz web site, Art.Biz will make efforts to provide a photo credit to the Artist/Seller, but Art.Biz cannot guarantee a photo credit and will not be held liable if one is not made or is made in a different format. Art.biz will have all the rights to use the name of the Artist/Seller to advertise and promote the Art.Biz web site.
Sweepstakes and Contests
Art.Biz may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Site and Services. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Site and Services, as they may contain additional important information about Art.Biz`s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.
The Site, Services and Art.Biz Content are protected by copyright, trademark and other laws of England and foreign countries. Except as expressly provided in these Terms, Art.Biz and its licensors exclusively own all right, title and interest in and to the Site, Services and Art.Biz 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 Art.Biz Content.
Art.Biz respects copyright law and expects its users to do the same. It is Art.Biz`s policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Art.Biz`s Copyright Policy at art.biz for further information.
The Site may contain links to third-party websites or resources. You acknowledge and agree that Art.Biz is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Art.Biz of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination and Account Cancellation
If you breach any of these Terms, Art.Biz will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Art.Biz reserves the right to revoke your access to and use of the Site, Services, Art.Biz Content and Member Content at any time, with or without cause. In the event Art.Biz terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to firstname.lastname@example.org.
THE SITE, SERVICES, ART.BIZ CONTENT AND MEMBER CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ART.BIZ EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ART.BIZ MAKES NO WARRANTY THAT THE SITE, SERVICES, ART.BIZ CONTENT OR MEMEBR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ART.BIZ MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ART.BIZ OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, ART.BIZ DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES ART.BIZ MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SITE OR SERVICES. ART.BIZ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES.YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold Art.Biz, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, Art.Biz Content or Member Content, or your violation of these Terms.
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, Art.Biz Content and Member Content remains with you. Neither Art.Biz nor any other party involved in creating, producing, or delivering the Site, Services, Art.Biz Content or Member 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, Art.Biz Content or Member 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 Art.Biz 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.
In no event will Art.Biz`s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Art.Biz Content or Member Content exceed: (i) if you are a Member who has sold Original Art Work or has licensed Digital Works and has received any Artist Revenue Share from Art.Biz from the sale of Printed Works, the total payments made or credited to you by Art.Biz for the sale of your Original Art Work and/or from the sale of Printed Works based on your licensed Digital Works during the three (3) month period preceding the date a claim for liability arises under these Terms; and (ii) if you are a Member who has purchased Original Art Work or Printed Works, the total payments that you made to Art.Biz for the Original Art Work and/or Printed Works that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Art.Biz and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Art.Biz used herein are trademarks or registered trademarks of Art.Biz. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the English Law 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 London Arbitration 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 Art.Biz and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Art.Biz and you regarding the Site and Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Art.Biz`s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Art.Biz may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
The Artist/Seller may terminate this Agreement on 30 days’ prior notice to Art.Biz at any time, or immediately by written notice to Art.Biz if:
Art.Biz is in material breach of this Agreement having (if the breach is capable of remedy) failed to comply with a 30 days` notice in writing requiring Art.Biz to remedy such breach;
Art.Biz enters into liquidation;
Art.Biz ceases to carry on its business.
Pending or Potential Claims
The Artist/Seller represents and warrants that, as of the date the ArtWork is submitted to Art.Biz, the Artist/Seller is not aware of any pending or threatened claims, suits, actions, or charges pertaining to the ArtWork, including, without limitation, any claims or allegations that any or all of the ArtWork infringes, violates, or misappropriates the intellectual property rights of any third party. The Artist/Seller also agrees that the Artist/Seller will notify Art.Biz immediately if he/she becomes aware of any such actual or potential claims, suits, actions, allegations or charges.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Art.Biz via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Art.Biz to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Art.Biz. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact Art.Biz at email@example.com Art.Biz Management LP
39 Duke Street, Edinburgh, United Kingdom
Vesetas 7, Riga, LATVIA
Invoice # 4 Date: October 29.2014