0 items - $0.00 0
0 items - $0.00 0

Terms & Conditions

INTRODUCTION

ArtworkSale (website URL address: https://artworksale.co/) appreciates your business and trust. We are a U.S.-based company, creating products to enhance your everyday life. 

Terms of Use
Artist Terms and Conditions
Privacy Policy

TERMS OF USE APPLICABLE TO ALL USERS

Effective June 22, 2023

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. This Terms of Use, along with any Terms and Conditions appearing on the website, any Offer Details or other Terms appearing on the website, along with any posted rules or instructions, constitute the entire agreement between you and us regarding your use of our websites, products and services as described herein under DESCRIPTION OF OFFERED SERVICES (collectively, the “Services” or “Service”). YOUR USE OF THE SERVICES OR WEBSITE(S) CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY (COLLECTIVELY, “TOU”).

The Service resides at the website ArtworkSale.co (which may be referred to herein as ” ArtworkSale,” “AWS,” “we,” or “us”).

We may change any of the terms contained in the TOU at any time by posting the revised TOU on this website. If we revise the TOU, such revision shall be effective immediately after posting the new TOU on this site. You are responsible for periodically reviewing changes to this TOU, which you can do by clicking on the “Terms of Use” or similar link. You agree that your continued use of the Service following any changes to this TOU and after the changes take effect will constitute your acceptance of such changes and your intention to be bound by this TOU. If you do not agree to such changes to the TOU, your sole remedy is to discontinue use of the Service and to cancel your account. If you do not agree to be bound by this TOU, you may not use our Services.

ELIGIBILITY

The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

OFFERED SERVICES

ArtworkSale, LLC provides Services for displaying, viewing, selling, and purchasing art prints of original works of art through our website, accessible at www.artworksale.co (“Website”). The Services described herein are provided on an AS IS and AS AVAILABLE basis. We disclaim any and all responsibility and liability for the availability, timeliness, security, or reliability of the Services which are made available to you. We reserve the right to modify, refuse, suspend or discontinue the Service(s) with or without notice at any time, for any reason, and without liability. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable Law. Any personal data you provide to us will be handled in accordance with the AWS Privacy Policy listed above.

When you browse our site, open an account as an Artist and list a work on our Service or complete a purchase as a Buyer through the Service, you are using the Service and the Site and agreeing to be bound by this TOU. If you do so on behalf of an entity of any kind, you are representing and warranting that you have the authority to accept this TOU on behalf of the entity, and the authority to bind the entity to this TOU. Your account allows you to participate in certain activities on the website.

OPENING ACCOUNTS

Artists or Buyers may open an account. To create an account, you must select a unique login name and password (“User Identification”). You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the TOU. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your account. You are solely responsible for all activity on your account and for the security of your login name, password, computer system and/or related system, and agree to keep this information secret. You may not reveal your password to other users or any third party. You agree to indemnify and hold us harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately and your account or use of any of our Services is subject to termination if you or anyone using your account violates the TOU. If you believe your account has been accessed without your authorization, you must notify us immediately by contacting Customer Care.

CANCELING YOUR ACCOUNT

We and you both have the right to terminate or cancel your account at any time. You can cancel your account at any time by contacting Customer Care at customercare@artworksale.co

You understand and agree that the cancellation of your account and discontinuing use of our Services is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this TOU or our enforcement or application of this TOU; (2) the content available through this site or any change in such content; (3) your ability to access and/or use this site; or (4) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. Your account and all Content will automatically terminate when you cancel your account. Neither You nor we will be able to access your cancelled account or retrieve any information once an account is cancelled. You acknowledge and understand that if you cancel your account, any and all data will be irretrievably lost as data and content and materials will be permanently deleted from our Website.

Notices: You consent that we may provide you with required notices, benefits, subscription plans, and account information through electronic disclosure via email and postings on our website, or at the email address provided at the time of sign up (or as amended at our website by you from time to time).

Security: Although we make commercially reasonable efforts to store your personal information in a secure operating environment that is not accessible to unauthorized users, we cannot guarantee complete security and are not liable for the malicious or intentional acts of third parties. By using such products and services, you knowingly accept this risk.

PURCHASES OF FINE ART PRINTS

As a Buyer, you may purchase fine art reproductions of Digital Works listings (“Printed Works”) as displayed on the AWS site. Prices for Printed Works will be as specified on the applicable listing according to available sizes in U.S. Dollars. You acknowledge that Prices do not include  applicable Taxes (defined below), including sales tax or VAT/GST, if applicable, for which you are responsible and that will be separately identified on your receipt. When you purchase Printed Works through the Services, ArtworkSale and its third-party service providers will collect your billing and shipping information and your payment will be processed. Printed Works will be shipped directly to you. The terms and conditions of ArtworkSale’s then-current Return Policy apply to any Printed Work that you purchase through the Services.

COLOR

You understand and agree that ArtworkSale uses commercially reasonable efforts to display the colors of Printed Works accurately via the Services. However, because individual computer monitors may display colors differently, ArtworkSale is not responsible for the color accuracy of any Printed Works displayed on the Services and disclaims all liability in this regard.

SALES TAX

If you are a Buyer of Printed Works, you acknowledge that Taxes including sales taxes or VAT or other as applicable, will be added to the amounts charged, 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 including VAT. 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.

ORDER CANCELLATIONS

ArtworkSale reserves the right to cancel any order placed via the Services if ArtworkSale determines, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If ArtworkSale cancels an order placed via the Services, ArtworkSale will send you an email confirmation of such cancellation and you will not be charged for your order.

LINKS

The Services may contain links to third-party websites or resources. You acknowledge and agree that ArtworkSale 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 ArtworkSale 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. Some of these websites may charge separate fees, which are not included in any subscription plan or other fees that you may pay to us. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.

THIRD PARTY CONTENT

THIRD PARTY CONTENT IS NOT OUR RESPONSIBILITY: We disclaim any responsibility related to third party Content or information which may appear on the AWS site, including any inaccuracies in artwork listings or descriptions. We disclaim all responsibility for any copyright or trademark infringement claims, and any other Content related claims associated with any items listed from an unrelated third party.

THIRD PARTY FEES: You may incur access or data or other fees from third parties, such as your mobile carrier or Internet provider, in connection with your use of our Services (depending upon your service plan with such entities) as well as automatic upgrades and updates of Mobile software. You consent to such upgrades and updates by using our Services and agree that these Terms will apply to all such upgrades or updates. You are solely responsible for any such incurred third-party fees. For example, if you decide to order products from the websites using a mobile device. We have no control over your service plans with your third-party service providers. You understand and acknowledge that we are not responsible or liable for any such additional or third-party charges which may be incurred by or in connection with the use of our Services.

PROPRIETARY RIGHTS IN CONTENT ON ARTWORKSALE

ArtworkSale owns and retains all proprietary rights in the original elements of the Website, including its site design and arrangement of Content. The Website contains copyrighted material, trademarks, and other proprietary information of ArtworkSale and its Artist and Account holders. Except for that information which is in the public domain or for which You have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

INTELLECTUAL PROPERTY RIGHTS/LICENSE

Copyright Notice. © ArtworkSale.co, 2023. All rights reserved.

ArtworkSale maintains this Website for Your personal use, purchase, and sales of fine art prints, entertainment, information, and education. You should feel free to browse the Website. However, the Service, and all content and materials accessible through the Services, including websites, website formatting and information, graphics, code, images, text, illustrations, logos, audio, and video files (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights owned or licensed by us. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Services is our exclusive property and is protected by the U.S. and foreign laws and international copyright treaties. Material from the Services may not be copied (whether electronic, hard copy, or other format), reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without our express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited. All rights not expressly granted herein are reserved to ArtworkSale. Any copies of documents contained on this website or portions thereof that you make must include the above copyright notice.

You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process (“Tools”) to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individuals who control or author them.

You may link to this website, without prior consent from us, which consent may be withdrawn by us at any time, with or without notice, in our sole discretion.

Notification and Procedure for Making Claims of Copyright Infringement. You may notify us if your work has been copied in a way that you believe constitutes copyright infringement. In compliance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), we have designated a Copyright Agent to receive any such notification. Our Copyright Agent may be contacted at:

Designated Agent for DMCA Notices:
ArtworkSale.co
Copyright Agent
1240 Tangelo Terrace, Bay B21
Delray Beach, FL 33444

If you wish to notify our Copyright Agent of a claim of copyright infringement, please provide written notice. Your notice must contain the following information:

  1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
  2. Identification or description of the copyrighted work you claim has been infringed;
  3. Identification or description of the work you believe is infringing on your copyrighted work and enough information to assist us in locating the allegedly infringing work;
  4. Your name, physical address, telephone number, and email address;
  5. A statement that you have a good faith belief that the use by the person you believe has infringed on your copyright is not authorized by the copyright owner, its agent, or the law; and
  6. Your statement, made under penalty of perjury, that the information contained in your notification is accurate, and that you are the copyright owner or are authorized to act on the owner’s behalf.

Trademarks. “ArtworkSale”, “AWS”, and other marks, logos, and service names are our trademarks, trade names and/or trade dress or the trademarks and/or trade dress of our affiliates. None of our trademarks or our affiliates’ trademarks may be used in connection with any product or service that is not ours or our affiliates’, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us, or our affiliates. All other trademarks viewable from a search performed using the Service are the trademarks and/or registered trademarks of their respective owners.

ArtworkSale may terminate user accounts that have been the subject of any DMCA notices or any user account that has a history of violating or willfully disregarding ArtworkSale’s Terms of Use.   In the event a user’s materials or content are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, ArtworkSale will treat the underlying DMCA notice as withdrawn.

Notification and Procedure for Making Claims of Trademark Infringement. If You believe that Your work has been copied in a way that constitutes trademark infringement, please provide a Notice with the following information to the Website’s trademark Agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark interest.
  2. A detailed description of the trademark work that You claim has been infringed.
  3. A description of precisely where the material that You claim is being infringed is located on the Website.
  4. Your address, telephone number, and email address.
  5. A statement by You that You have a good faith belief that the disputed use is not authorized by the trademark owner, its agent or the law.
  6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the trademark owner or authorized to act on the trademark owner’s behalf.

Designated Agent for Trademark Notices:
ArtworkSale.co
Trademark Agent
1240 Tangelo Terrace, Bay B21
Delray Beach, FL 33444

Assignments.

You may not assign any obligations or rights under this TOU, by operation of law or otherwise, without our prior written consent. Any attempt to assign or otherwise transfer in violation of this section is void. AWS may freely assign or transfer, in whole or in part, any of AWS rights or obligations hereunder at AWS’s sole discretion, with to without notice to you or any users. Subject to that restriction, this TOU will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights hereunder through one or more of our Affiliates or through third parties. AWS retains the right to immediately halt any of Your Transactions, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by applicable AWS terms or policies. Because AWS is not your agent AWS will not act as any party’s agent in connection with resolving any disputes between Artists or Buyers or third parties related to or arising out of any transaction.

YOUR RIGHTS, RESPONSIBILITIES, AND RESTRICTIONS

By using our Services, you agree to the following:

  • agree that the substantive laws of the state of Florida, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this TOU;
  • agree that you may not assign any or all of your rights and obligations under this TOU without our prior written consent, which may be withheld in our sole discretion;
  • agree that all provisions of this TOU relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the website, for whatever reason;
  • agree that nothing in this TOU shall be deemed to convey any third-party rights or benefits;
  • agree that except as otherwise required by law (in which case Florida statutes of limitation shall apply), the arbitration of any cause of action or claim you may have with respect to the Service, this TOU, or this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred;
  • agree that if any portion of this TOU is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted and that the other provisions of this TOU remain in full force and effect;
  • agree that no waiver of any breach of any agreement or provision of this TOU, nor any failure to assert any right or privilege contained in this TOU, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision;
  • agree that the section titles in this TOU are for convenience only and have no legal or contractual effect; and
  • agree that this TOU (including all policies, notices, and other terms incorporated into this TOU by reference) constitutes the entire agreement between you and us with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral.
  1. Restrictions. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of us and our affiliates without our express written consent. You may not use any Meta tags or any other “hidden text” utilizing our name or trademarks or those of our Artist. Except as expressly granted to you under this TOU, all rights are reserved by us. You may link to this website without prior consent from us, which consent may be withdrawn by us at any time, with or without notice, in our sole discretion.
  2. Voluntary Use/Our Collection and use of non-Personally Identifiable Information. Your use of the Services is voluntary. You may stop using and/or cancel any of our Services and your Account at any time. By opening an account and using our Services, You acknowledge and agree that our websites may collect and use non-personally identifiable information relating to your use of the Service (such as IP address, browser type, referring URL). For example, certain of our websites collect and organize information about users’ computer usage and the websites visited by users into the database used to provide the Services. Use of such information is of course subject to the Privacy Policy.

Disclaimer & General Release.

  1. AWS SITES AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED “AS-IS.” AS A USER OF THE SERVICES, YOU USE THE AWS SITES, THE SERVICES, AND THE MARKETPLACE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES DISCLAIM: (i) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (ii) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE AWS SITES AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS.
  2. BECAUSE AWS IS NOT INVOLVED IN TRANSACTIONS BETWEEN ARTISTS AND OTHER ARTISTS, IF A DISPUTE ARISES BETWEEN ONE OR MORE ARTISTS, EACH ARTIST RELEASES AWS (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

NO WARRANTY

YOU ARE USING THE SERVICES AT YOUR OWN SOLE RISK AND WE ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT, ERROR CORRECTIONS, UPDATES, UPGRADES, AND/OR ENHANCEMENTS OF THE SERVICE.

YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE, THE SERVICES, AND THE INTERNET GENERALLY.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SERVICES OR INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR FAULT-FREE; (II) THAT THE SERVICES WILL BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES,” OR OTHER HARMFUL PROPERTIES; (IV) THAT THE SERVICES ARE NON-INFRINGING. WE AND OUR AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE US AND OUR AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS, OR REMEDIES IN CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THIS TOU OR THE SERVICES.

INDEMNIFICATION

You agree to indemnify, defend and hold AWS harmless as well as any parent company, subsidiaries, affiliates (and each of our or their officers, directors, managers, employees, agents, representatives, information providers and licensors), against liability related to any claims, demands, including but not limited to reasonable attorney’s fees, arising from or in any way related to any alleged violation of this TOU by you, use of the Services by you or any other person through you or using your account, claims by third parties related to your use of the Services or in connection with your transmission of any content on or through the Service. This Indemnification Section shall survive termination of this TOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION), INCLUDING WITHOUT LIMITATION ANY SUCH ACTION ARISING OUT OF (I) USE OF THE SERVICES BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS, OR OMISSIONS IN, ANY INFORMATION OR CONTENT OR MATERIALS OR LISTINGS ON THE SITE, (II) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (III) ANY GOODS OR SERVICES LISTED, PURCHASED, OBTAINED, OR PARTICIPATED IN, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICES, IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY, OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF AWS HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE COSTS OR DAMAGES.

TO THE EXTENT SOME REMEDY IS REQUIRED BY APPLICABLE LAW WITH RESPECT TO YOUR USE OF THE SERVICES, YOUR EXCLUSIVE REMEDY REGARDING THE SERVICES SHALL BE THE REPLACEMENT OF ANY SUCH SERVICES OR COMPONENT OF THE SERVICES FOUND TO BE DEFECTIVE. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR OUR AFFILIATES’ CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF DIRECT DAMAGES RELATING TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID FOR USE OF THE SERVICES DURING THE SIX-MONTH PERIOD PRECEDING THE CLAIM.

You acknowledge that compromise of your usernames and/or passwords may compromise the security of your account. We are not liable for any loss incurred by you resulting from another’s use of your password and/or account, either with or without your knowledge. You will be held liable for losses incurred by us or by another party due to another’s use of your password and/or account, either with or without your knowledge. You shall not access or use someone else’s account at any time, without the permission of the account holder.

Force Majeure.

We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.

Relationship of Parties.

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. No agreement will create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or in respect hereunder. All of the representations, warranties, covenants, conditions, and provisions hereunder are intended to be and are for the sole and exclusive benefit of AWS, you, and our users. As between you and us, you will be solely responsible for all obligations associated with your use of any third-party service or feature. You will not make any statement, in any medium, that would contradict anything in this section.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

USERS FROM OTHER JURISDICTIONS

The Services are controlled and operated by ArtworkSale from the United States. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. You also are subject to United States export controls in connection with your use of the Services and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.

Governing Law, Venue, and Arbitration

The laws of the state of Florida will govern this Agreement, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. If the Elected Country is the United States, Canada, or Mexico, AWS and you both consent that any dispute with AWS or its Affiliates or claim relating in any way to the TOU or your use of the Services will be resolved by binding arbitration in the state of Florida as described in this paragraph, rather than in court, except that (i) you or we may bring suit in the Governing Courts, submitting to the jurisdiction of the Governing Courts and waiving our respective rights to any other jurisdiction, to enjoin infringement or other misuse of intellectual property rights; and (ii) we may bring any claims related to your sale of counterfeit products on the AWS Site in the Governing Courts and seek any remedy available under law related to those claims. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would. Before you may begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. The expedited procedures of the AAA’s rules will apply only in cases seeking exclusively monetary relief under $50,000, and in such cases, the hearing will be scheduled to take place within 90 days of the arbitrator’s appointment. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. AWS and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration AWS and you each waive any right to a jury trial.

ARTIST TERMS AND CONDITIONS (AGREEMENT)

Effective June 22, 2023

As an Artist “You” may submit listings of original works of art (“Digital Works”) that you have created and that you desire AWS to commercially exploit for mutual gain through the Services. You may not submit listings for Digital Works that were created by another artist or that infringe a third party’s intellectual property rights. If you submit listings for Digital Works, you will permit Buyers and other third parties to purchase fine art reproductions of the Digital Works (collectively, “Printed Works”) through a print-on-demand service administered by AWS.

As an Artist (“Artist” “You” or “Your”), You agree to be bound by this ARTIST Terms and Conditions Agreement (“Artist Agreement” or “Agreement”). This Artist Agreement sets out the legally binding terms that govern Your use of the ArtworkSale Website (“Website”) in connection with the distribution of images and information. ArtworkSale may modify this Artist Agreement from time to time and such modifications shall be effective upon posting to the Website. The changes to this Artist Agreement may be made without advance notice to You, and You agree to be bound by any changes if You continue to use the Website after such changes are posted.

BY STARTING AN ACCOUNT WITH ARTWORKSALE YOU ARE AVAILING YOURSELF OF THE SERVICES AND AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF ARTWORKSALE PRIVACY STATEMENT (WHICH BY THIS REFERENCE IS DEEMED INCORPORATED HEREIN), WITH THE SAME FORCE AND EFFECT AS IF YOU SIGNED SUCH DOCUMENTS BY HAND.

In order to be an Artist on ArtworkSale:

  1. You review and agree to these Terms and Conditions of Use (Artist Agreement).
  2. You sign up to be an Artist by paying a registration fee and creating an account.
  3. You submit Your Digital Works listings that will be featured on the website.
  4.  You will provide and maintain current and valid credit card / banking information for payment methods and to facilitate transfer of your Commissions earned.
  5. AWS will set prices according to industry demand for the various print sizes that we offer from approved Digital Works submissions.
  6. You’re done!

TERM, FEES, & AUTO-RENEWAL

ArtworkSale reserves the right to charge Artists fees for Digital Works subscription plans on the Website. The current fee for a Professional Plan is a one-time payment of $19.99. A notification of any fee change will be emailed to all affected Artists at least 30 days in advance of the change. Any Artist that wishes to cancel his/her account may do so at any time by sending an email to closeaccount@artworksale.co. Upon cancellation, Artists will not be entitled to a refund of any previously charged plan fees (unless the cancellation occurs within 29 days of the Artist’s initial sign-up date). Please note that if an account is canceled or terminated, all data and information, including all Content, materials, Digital Works, listing, and other materials will be permanently deleted from our Website and no data or information can be retrieved after the cancellation date.

LICENSE TO USE DIGITAL WORKS

By submitting Digital Works to ArtworkSale, You grant to ArtworkSale a worldwide, non-exclusive, perpetual, royalty-free license to use Your intellectual property rights in or associated with or related to the submitted Digital Works and for ArtworkSale to use, display, offer, process, reproduce, prepare derivative works incorporating, publicly display, market, and sell commercially reproductions of any Digital Works submitted by You and accepted by ArtworkSale in exchange for specified compensation as agreed upon by You and ArtworkSale, until such time as this Agreement is terminated pursuant to its terms. You further grant to ArtworkSale a worldwide, perpetual royalty-free non-exclusive right and license to use the Digital Works, and Content You submit, including Your name, username, and images in connection with ArtworkSale’s marketing and promotional activities without the payment of any additional compensation to You.

ArtworkSale has the right to refuse to accept or to remove Digital Works or Content from the Website for any reason. For example, Digital Works and/or Content will be removed if ArtworkSale believes that the Digital Works or Content will subject ArtworkSale or any of its officers, managers, directors, or employees to liability or if the Digital Works or Content violate these terms and conditions of use or if ArtworkSale determines, in its sole discretion, that the Digital Works or Content are offensive, abusive, pornographic, or otherwise violate the Acceptable Use Policy or are deemed inappropriate as further described herein.

ArtworkSale reserves the right to edit any listings to ensure accuracy and that they comply with our guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours or more 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.

To remove a listing for a Digital Work from the Services you must go to your account, click on the Digital Work you want to delete and then click on Delete and follow the steps set forth on that page.

OWNERSHIP OF INTELLECTUAL PROPERTY

The copyrights and other intellectual rights in and to all Digital Works and Content You submit remain with You as the owner of such rights. Nothing contained herein shall be construed to transfer any such ownership rights to ArtworkSale.

CANCELLING AN ACCOUNT

You may cancel Your account at any time by sending an email to closeaccount@artworksale.com. ArtworkSale will immediately close Your account and remove Your art gallery page, profile, and Digital Works from the Website. If sales of any of your Digital Prints have been made prior to or during cancellation or termination, the rights and license to AWS to use, reproduce and sell rights to the intellectual property for those reproductions shall survive in perpetuity. ArtworkSale may cancel an account at any time for any reason. Please note that if an account is canceled, all data and information will be deleted from our Website and no data or information can be retrieved after the cancellation date.

CONTENT PUBLICLY POSTED TO AWS

After opening your account on ArtworkSale.co, we will create a public profile page on Your behalf which includes your name, biography, images, and other information and content that you choose to provide to us for upload and/or public disclosure. All of this information is fully disclosed on the Website. Any member of the public who visits the Website will be able to view all of the profile information that You have provided for this purpose to us, including social media, podcasts, and/or video interviews made in conjunction with ArtworkSale.

You are solely responsible for the Content that You upload or post to the Website or any material or information you transmit to other Artists or others. By transmitting or posting any information to the public areas of the Website (“Content”), You hereby grant to ArtworkSale the non-exclusive, fully paid, worldwide license to use, publicly perform, and display such Content on the Website for purposes of promoting the Services hereunder. You also grant ArtworkSale the right to use and display your Content in online advertisements, online videos, Podcasts, online newsletters, printed marketing materials, and TV commercials for the purpose of promoting ArtworkSale.

You understand and agree that ArtworkSale may review and delete any Content, message, image, or profile that in the sole judgment of ArtworkSale violates this Agreement or which may be offensive, illegal, or violate the rights, harm, or threaten the safety of any third-party.

COMPENSATION

For all of the Digital Works listings available on ArtworkSale, we have the right to set prices based on industry demand. We may change the prices for any product, at any time, without prior notice.

When a sale is made and payment clears, ArtworkSale shall credit Your ArtworkSale account for the Transaction Commission as described in PAYMENTS after the Buyer completes the transaction on ArtworkSale.co.

If You are credited compensation in connection with a sale and ArtworkSale thereafter issues a refund to the Buyer for that sale, ArtworkSale shall have the right to deduct payments credited to Your account. If ArtworkSale makes an overpayment of compensation to You for any reason, ArtworkSale shall have the right to deduct the amount of such overpayment from Your account or to demand the immediate repayment of such overpaid compensation.

ArtworkSale reserves the right to cancel any Transaction or order placed on the Website at any time for any reason. When a Transaction or order is canceled, the Buyer will receive a full refund, and the Artist will not be entitled to any compensation from the sale.

TRANSACTION PROCESS

AWS will process all payments for Transactions and collect the applicable Transaction Proceeds. “Transaction” means any sale of your Digital Work listings to a legitimate Buyer through the AWS website. “Transaction Proceeds” means the gross sales proceeds received by us from any Transaction less sales taxes. We may impose transaction limits on some or all Buyers and Artists relating to the value of any Transaction or disbursement, the cumulative value of all Transactions or disbursements during a period of time, or the number of Transactions that we will process over a period of time. We may withhold for investigation, or refuse to process, any Transaction that we suspect is fraudulent, unlawful, or otherwise violates these Service Terms, the Agreement, or the Acceptable Use Policy. For each Transaction, we will not remit Transaction Commissions to a Seller, and the product will not be available to the Buyer, until after we have successfully processed payments for that Transaction from the Buyer.

SALES TAX

AWS will collect the necessary data and information to enable compliance with applicable tax laws. For example, all applicable sales tax is collected from and paid for by Buyers at the point of sale regardless of their location.

RETURNS

You grant ArtworkSale the right to dispose of returned products in any manner we see fit.

PAYMENTS

Eligible Commission payments are sent to you on the 15th of each month for all of Your sales that were received by ArtworkSale on or before the 15th of the previous month which were not subsequently canceled or returned within 30 days after the sale date. There is a minimum balance required to receive a payment. If Your payment due is greater than $100, the payment will be sent. We will deduct from each payment any applicable fees and charges due to us related to any Transactions. We may withhold, deduct, or set off as Payment Offsets (see below) any amounts payable by you to us or our affiliates against any Transaction Commissions. Payments will be made only to an ACH-enabled bank account located in the United States or Stripe account that you register with us. If there is an error in the processing of any Transaction, you authorize us to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with us or to deduct the debit and applicable fees from future Transaction Commissions.

Fees and Transaction Commission details are described in the applicable program terms you select when you set up your account. Terms related to payment of fees for artists are selected by you when you set up your account with ArtworkSale, LLC and may be updated by us from time to time. As part of the application, you must provide us with your (or your business’) legal name, address, phone number, and email address, as well as any other information we may request. You are responsible for all of your expenses in connection with this Agreement. You must provide us with valid credit card information from a credit card or credit cards accepted by AWS (“Your Credit Card”) as well as valid bank account information for a bank account or bank accounts acceptable by AWS (conditions for acceptance may be modified or discontinued by us at any time without notice) (“Your Bank Account”). You will use only your authorized user name associated with your account in connection with a Service and will update all of the information you provide to us in connection with the Services as necessary to ensure that it at all times remains accurate, complete, and valid. You authorize us (and will provide us documentation evidencing your authorization upon our request) to verify your information (including any updated information), to obtain credit reports about you from time to time, to obtain credit authorizations from the issuer of Your Credit Card, and to charge Your Credit Card or debit Your Bank Account for any sums payable by you to us (in reimbursement or otherwise). All payments to you will be remitted to Your Bank Account through a banking network or by other means specified by us.

PAYMENT OFFSETS

If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to AWS or third parties, then we may in our sole discretion withhold any payments to you for as long as we determine any related risks to AWS or third parties persist. For any amounts that we determine you owe us, we may (a) charge Your Credit Card or any other payment instrument you provide to us; (b) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (c) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (d) reverse any credits to Your Bank Account; or (e) collect payment or reimbursement from you by any other lawful means. If we determine that your account—or any other account you have operated—has been used to engage in deceptive, fraudulent, or illegal activity (including the sale of counterfeit goods), or to repeatedly violate our Program Policies, then we may in our sole discretion permanently withhold any payments to you. Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in the Local Currency, and all payments contemplated by this Agreement will be made in the Local Currency.

In addition, we may require that you pay other amounts to secure the performance of your obligations under this Agreement or to mitigate the risk of returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to AWS or third parties. These amounts may be refundable or non-refundable in the manner we determine, and failure to comply with the terms of this Agreement, including any applicable program policies, may result in their forfeiture.

We will not be liable to you: (i) if we do not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason, or (ii) if we permit a customer to withdraw from a transaction because an AWS Service is unavailable following the commencement of a transaction.

ARTIST TAXES

The relationship of ArtworkSale and the Artist is that of independent contractors.

Artists are responsible for the payment of any and all applicable personal or income taxes and duties assessed, incurred, or required to be collected or paid (“Taxes”) for any reason in connection with any income associated with Transaction Commissions received from the AWS Platform. AWS will collect and retain Artist name and address, and will collect and use the tax identification number and other data as needed to comply with Form 1099K reporting requirements for U.S.-based Artists; for non-U.S.-based Artists, we will collect and retain a Form W-8BEN tax form (which includes name, address, and a signature) and issue an annual statement of Transaction Commissions paid.

COPYRIGHT INFRINGEMENT CLAIMS

While ArtworkSale takes commercially reasonable steps to ensure that the rights of its Artists are not violated, ArtworkSale has no obligation to pursue legal action against any alleged infringer of any of Your rights in and to any of your works or Digital Works. You hereby grant ArtworkSale the right and authority to take such steps as ArtworkSale deems commercially reasonable to protect ArtworkSale’s rights in the submitted and approved Digital Works. ArtworkSale recommends that You register all of Your works for copyright protection, especially those submitted as Digital Works to the publicly available AWS platform, as such registration is generally a prerequisite to commencing an action for copyright infringement. More information on registering your works for copyright protection can be found at http://www.copyright.gov/.

MODEL RELEASES

You agree to provide valid and accurate model releases for all Digital Works, information, or images that You submit to ArtworkSale that require said releases. You agree that You are solely responsible for obtaining, retaining, and submitting all original model releases and maintaining complete and accurate model release records. Model releases are to be electronically delivered to ArtworkSale together with the images or Digital Works they pertain to. The submission of falsified, inaccurate, or otherwise defective model releases is a material breach of these terms and conditions of use and can result in the immediate termination of Your account without notice.

You agree that ArtworkSale may furnish redacted model releases to customers or third parties, in order to respond to any potential or actual legal action or comply with applicable laws, regulations, and/or union reporting requirements.

TERM AND TERMINATION

The term of this Agreement will start on the date of your completed application to set up an Account for use of the Services and continue until terminated by us or you as provided herein. We may terminate your account or this Agreement for convenience at any time for any reason. We may suspend or terminate your account or this Agreement immediately if we determine that (a) you have materially breached the Agreement. If your account is suspended and we contact you, you to investigate, you will need to respond to our email inquiries within 3 days. We will promptly notify you of any such termination or suspension via email as listed on your profile, indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder an investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards. On termination of this Agreement, all related rights and obligations under this Agreement immediately terminate, except that you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination. Please note that if an Account is terminated, all data and information, Content, listings, and other materials will be deleted from our Website and no data or information can be retrieved after the cancellation date.

REPRESENTATIONS AND WARRANTIES OF ARTIST

Artists represent and warrant that:

(A) You have the full right, power, and authority to enter into this Artist Agreement and to fully perform all of Your obligations hereunder.

(B) You are under no legal disability or contractual restriction that prevents You from entering into this Artist Agreement.

(C) The Digital Works and all parts thereof are originally created, owned, and controlled by You, unencumbered and original works and are capable of copyright protection in all countries where copyright or similar protection is available. You own any and all Content posted by you on the Website or otherwise have the right to transfer rights in the Content.

(D) If the Digital Works contain any human likeness from which an individual may be identified, You own or have acquired all necessary rights to commercially use such human likenesses;

(E) Your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. If the Digital Works contain third-party copyrighted materials or trademarks including design marks, the inclusion of the copyrighted or trademarked material is pursuant to license or written consent or qualifies as a lawful fair use under U.S. intellectual property laws. Repeat Infringers of copyright law will be banned from ArtworkSale as required by copyright law 17 U.S.C. 512(i)(1)(A).

(F) The images are neither obscene nor defamatory and do not infringe the intellectual property or any other rights of any third party, including, without limitation, copyright or trademark rights and the rights of privacy and publicity.

(G) There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Digital Works or which might in any way impair the rights granted by You hereunder. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website.

REPRESENTATIONS OF ALL PARTIES

Each party represents and warrants that: (a) if it is a business, it is duly organized, validly existing and in good standing under the Laws of the country in which the business is registered and that you are registering for the Service(s) within such country; (b) it has all requisite right, power, and authority to enter into this Agreement, perform its obligations, and grant the rights, licenses, and authorizations in this Agreement; (c) any information provided or made available by one party to the other party or its Affiliates is at all times accurate and complete; (d) it is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority; and (e) it will comply with all applicable Laws in performance of its obligations and exercise of its rights under this Agreement.

ArtworkSale reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates any of the provisions of this Agreement, including without limitation, removing Prohibited Content or otherwise offending Content or Digital Works or communication from the Website, and terminating the account of such violators. Prohibited Content includes Content that: (i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of junk mail , chain letters, or unsolicited mass mailing or spamming ; (iv) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (vii) provides material that is sexual in nature; (viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or (x) is irrelevant to the print-on-demand business, image licensing business, or the stated purpose of this Website.

INDEMNIFICATION OBLIGATIONS

You will defend, indemnify, and hold harmless AWS, and our affiliates, officers, directors, employees, and agents, against any third-party claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys’ fees) (each, a “Claim”) arising from or related to (a) your non-compliance with applicable Laws; (b) Your Digital Works and Content uploaded to the AWS site, Your Materials, any actual or alleged infringement of any Intellectual Property Rights of any third parties, and any personal injury, death (to the extent the injury or death is not caused by AWS), or property damage related thereto; (c) Your taxes and duties related to your use if the AWS site or the collection, payment, or failure to pay Your taxes or duties, or the failure to meet tax registration obligations or duties; or (d) actual or alleged breach of any representations made hereunder; or (e) Your use of the AWS site or Services.

AWS’s indemnification obligations. AWS will defend, indemnify, and hold harmless you and your officers, directors, employees, and agents against any third-party Claim arising from or related to: (a) AWS’s non-compliance with applicable Laws; or (b) allegations that the AWS Platform design infringes or misappropriates that third party’s intellectual property rights.

Process. If any indemnified Claim might adversely affect us, we may, to the extent permitted by applicable Law, voluntarily intervene in the proceedings at our expense. No Artist may consent to the entry of any judgment or enter into any settlement of AWS pursuant to an indemnified Claim without the prior written consent of AWS.

LIMITATION OF DAMAGES

IN NO EVENT SHALL ARTWORKSALE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF ARTWORKSALE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ARTWORKSALE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ARTWORKSALE.

LIQUIDATED DAMAGES FOR BREACH

If Your account is terminated for a breach of the material terms of this Agreement, in addition to its other rights at law or in equity, ArtworkSale shall have the right to retain any unpaid compensation otherwise payable to You hereunder as liquidated damages.

The Artist Agreement contains the entire understanding of the parties with respect to the subject matter covered herein and supersedes any prior agreements with respect to such subject matter.

The validity, interpretation, and enforcement of the terms and Agreement hereunder, matters arising out of or related to the terms or Agreement or its making, performance or breach, and related matters shall be governed by the internal laws of the State of Florida (without reference to choice of law doctrine).

ACCEPTABLE USE POLICY

ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES

This Section defines the Acceptable Use Policy (“Policy”) relating to the Service. You are responsible for continual compliance with this Policy. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules, and regulations. We take no responsibility for third-party content, nor do we have any obligation to monitor such third-party content. Nonetheless, we reserve the right to monitor content at any time for any reason. Further, we reserve the right to remove objectionable or personally identifiable information. We will not be responsible or liable for the exercise or non-exercise of your rights under this TOU.

For example, you may not use the Services to submit, create, transmit, distribute, or provide access to any information or material that:

  • Violates a trademark, copyright, trade secret, or other intellectual property rights of others;
  • Violates the privacy, publicity, or other personal rights of others;
  • Impairs the privacy of communications;
  • Contains obscene, offensive, illegal, or inappropriate content;
  • Constitutes pornography;
  • Harms minors in any way;
  • May be considered threatening, abusive, or hateful or promoting such views or behaviors;
  • Violates export control laws or regulations;
  • Encourages conduct that would constitute a criminal offense or give rise to civil liability;
  • Causes technical disturbances to the Service, including, but not limited to, adware, spyware, the introduction of viruses, worms, or other destructive elements;
  • Involves deceptive online marketing, unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation;
  • Impersonate or misrepresent your affiliation with any person or entity; or
  • Assists or permits any persons in engaging in any of the activities described above.

If you become aware of any such activities, you are obligated to immediately notify us.

We reserve the right to suspend or terminate access to the Services or any Accounts upon notice of a violation of this Policy. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party on behalf of you, shall be considered violations of this Policy by you.

We have the right, but not the obligation, to monitor any activity or content associated with the Service. We may investigate any reported violation of its policies and take any action we deem appropriate, including terminating your access to the Service without notice. Any of the following, without limitation, would be a violation of the TOU and our policies and guidelines, and upon our determination, in our sole discretion, that you have engaged in any of the following, we shall terminate your access to the Service without notice, and to the extent applicable, remove, or disable access to, any material that is in violation of the following or claimed to be infringing or to be the subject of infringing activity. Accordingly, you expressly represent, warrant, and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Service any materials which (i) restrict or inhibit any other user from using and enjoying the Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vi) constitute or contain false or misleading indications of origin or statements of fact.

We may report any activity, distribution, or other activity we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect our systems and users, to ensure the integrity and operation of our business and systems, or in response to subpoenas, court orders, or legal requirements, we may access and disclose any information we consider necessary or appropriate, including your contact details, IP addressing and traffic information, posted content, and web usage paths and may retain such information for appropriate law enforcement officials or other third party enforcement personnel to the extent permitted by applicable federal, state and local laws. By using the Service, you expressly consent to the foregoing use and disclosure and to hold us and our affiliates harmless for any such actions.

Join Our Newsletter

We won’t send spam. Unsubscribe anytime.

5/5

ArtworkSale © 2024. All Rights Reserved.

Register