Terms of Service
- Scope of Services. Artfare connects artists and patrons (buyers of artwork), both digitally through our Platform, and through studio visits, exhibitions, and events to buy and sell original artwork. If you are merely a visitor to our website, and do not register with Artfare, you will have the ability to view all content and access all publicly-available features of the website, subscribe to Artfare communications, and contact us. If you register for the Platform, you will be able to do all of the things that visitors can do, plus : (i) access non-public features and functionality available only to registered users; (ii) create, access, manage, and update your own personal accounts; (iii) post comments, reviews, and other content, and interact with other registered users; and (iv) offer artworks for sale through the Platform as an artist (“Artists”), or purchase artworks for sale through the Platform as a patron (“Patrons”). Registered users of the Platform may be both Artists and Patrons simultaneously. Artfare is under no obligation to accept any individual as a registered user and may accept or reject any registration in our sole and complete discretion. In addition, we may deactivate any account at any time, including, without limitation, if we determine that a registered user has violated this Agreement.
- Modification of Terms. We reserve the right to modify this Agreement from time to time. If the changes are deemed material, we will let you know by sending an email or posting a message on the Platform about the changes. You are responsible for reviewing the changes and your continued use of the Services will constitute the acceptance of the updated Agreement.
- Eligibility. You must be at least 18 years old to enter a legally binding contract and to use our Services. If you are 18 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understands it. We reserve the right, in our sole and absolute discretion, to deny you access to the Services or any portion thereof, without notice and without reason.
- Account information. When you sign up for our Platform, you must provide true, accurate, current, and complete information, including using your real legal name. If we find out you have not been truthful we reserve the right to suspend or delete your account without prior notice. You are responsible for protecting your password. You are generally discouraged from sharing your password with any third parties. If you choose, at your sole risk, to permit a third party (such as a manager or art dealer) to log onto the Platform under your account, you agree that you shall have sole responsibility for all activity under your account. If you have registered on behalf of a business entity, you represent and warrant to Artfare that you have the authority to act on such entity’s behalf and to bind the entity to this Agreement. You agree to notify Artfare as soon as possible about any unauthorized use of your account. You may delete your account at any time by sending an email to firstname.lastname@example.org; provided, however, that if you are an Artist, your Artwork (as defined below) may remain on the Platform for a period of time, pursuant to the terms and conditions of our Consignment Agreement (as defined below)
- Community Guidelines. Our community, like any community, functions best when our users follow a few simple rules. By accessing Platform, or using the Services, you agree to comply with these community guidelines (the “Community Guidelines”) and that:
- You will not upload, post, e-mail, transmit, or otherwise make available any User Content (as defined below) that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
- You will comply with all applicable laws in your use of the Platform and Services;
- You will not access or use the Platform and Services to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with, or attempt to interrupt the proper operation of, Platform and Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any content, data, files, or passwords related to the Platform and Services through hacking, password or data mining, or any other means;
- You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Platform and Services;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Platform;
- You will not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- If you find something that violates our Community Guidelines, please let us know, and we will review it.
- You will not upload, post, e-mail, transmit, or otherwise make available any User Content (as defined below) that:
- Artfare Intellectual Property. The Platform and Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, Artfare and our licensors exclusively own all right, title, and interest in and to the Platform and Services, including all associated intellectual property rights. You shall not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Platform and Services. Through our Platform and Services, Artfare may make content available to you such as articles, videos, photographs, text, graphics, images, sound recordings, and other materials (“Artfare Content”). Note that Artfare Content does not include User Content, which is addressed in Section ix below. Artfare Content may be owned by us or third parties. Artfare Content is protected under both United States and foreign laws, and unauthorized use of Artfare Content may violate copyright, trademark, and other laws. You may view all Artfare Content for your own personal, non-commercial use. No other use is permitted without our prior written consent. Artfare and our licensors retain all right, title, and interest, including all intellectual property rights, in and to the Artfare Content. You may not sell, transfer, assign, license, sublicense, or modify the Artfare Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Artfare Content in any way for any public or commercial purpose. The trademarks, service marks, logos, trade names, and any other source identifiers of Artfare used on or in connection with the Platform or Services are trademarks or registered trademarks of Artfare in the United States and abroad (the “Artfare Trademarks”). Other company, product, and service names located on the Platform or Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Artfare Trademarks, the “Trademarks”). Nothing herein should be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. All goodwill generated from the use of Artfare Trademarks inures to our benefit. Elements of the Platform and Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Artfare Content may be retransmitted without our express, written consent for each and every instance. If you decide to use the Platform, subject to your compliance with the terms and conditions of the Agreement, Artfare grants you a limited, non-exclusive, non-transferable, revocable right for you to install, access, and use the Platform application on your device solely for your personal use in connection with the Services. We reserve all rights in the Platform and Services not expressly granted to you in this section.
- Selling Artwork. If you are an Artist and desire to sell any works of art that are your original creation (“Artwork”) through our Services, the consignment of such Artwork to Artfare and the sale of such Artwork through our Services is subject to our consignment agreement (the “Consignment Agreement”). Each time you upload new Artwork for sale, you are required to affirmatively accept and agree to be legally bound by our Consignment Agreement. You can find a link to the Consignment Agreement here.
- Purchasing Artwork. As a Patron, if and when you buy Artwork through our Platform, you understand that you are buying the Artwork from Artfare, which has been consigned to Artfare by the Artist pursuant to the Consignment Agreement. Patrons may place orders for Artwork directly on our Platform. All Artwork prices listed on the Platform are in U.S. dollars and are exclusive of shipping and handling fees, and of federal, state, and local sales, use, excise, or similar taxes. The purchaser is solely liable all applicable sales, use, excise, and similar taxes, duties, customs, VAT, and other fees, which shall be added to your order at the time of checkout. You agree to pay in full at the time of placing an order using any major credit card accepted by Artfare.
- Shipping; Risk of Loss. Artfare will arrange for the pick-up, packing, and delivery of all Artwork sold on the Platform. In some cases, pick-up from the Artist’s studio may be available. We provide the purchaser with a shipping and handling quote for the Artwork at the time of checkout, or shortly thereafter with more complicated shipments. As a service to Artfare Artists and Patrons, Artfare will assume liability for the risk of loss or damage to the Artwork on a wall to wall basis starting at the time that Artfare (or our shipping partner) takes possession of the Artwork from the Artist and ending when the Artwork is delivered to the purchasing Patron. The fine art property insurance and liability of Artfare is limited to the coverage provided by our wall to wall all risk inland marine policy and subject to all terms, conditions and exclusions. Currently, such insurance will assume the risk of loss or damage to lots in transit up to $500,000, less our standard deductible, for any one occurrence. Any claims for loss or damage to Artwork must be made in writing to Artfare no later than seven (7) business days after the date of delivery of the Artwork to the purchaser or the purchaser’s designee. Images documenting the claim for loss or damage must be provided to Artfare and all original packing material must be saved to support any required investigation of the claim for loss or damage. You understand and agree that if an Artwork is picked up by the Patron or his or her designee directly from the Artist’s studio or an Artfare event, our fine our property insurance described above does not cover the Artwork while in transit.
- Transfer of Title. Provided that Artfare is in receipt of payment in full of the purchase price and all applicable fees and taxes, title to and possession of the Artwork will transfer to the purchasing Patron upon delivery of the Artwork to such Patron or such Patron’s designee. In the event that the purchasing Patron or its designee fails to accept delivery of the Artwork, provided that it is in good condition and has not been damaged in transit, Artfare will return the Artwork to its storage facility for up to two (2) months, during which time the Patron may arrange for delivery or pick up at any time, provided that the Patron shall be charged for the reasonable costs incurred by Artfare to ship and store such Artwork. After the expiration of two (2) months, if the Patron still has not accepted delivery or picked up the Artwork, Artfare shall have the right to retain all sums paid by the Patron and may dispose of the Artwork as we see fit, including via resale or return to the Artist, and you shall have no further rights or title therein.
- Return policy. All sales are final. Since the vast majority of the Artwork on our Platform is available for in-person viewing (for example, at the Artist’s studio or an Artfare event), we recommend that Patrons go and see the Artwork in person before making a purchase. We do not accept returns after you have purchased an Artwork.
- Canceled orders. We reserve the right to refuse or cancel an order for any reason we deem valid at our sole discretion. This could be due to accidentally mis-priced inventory (as further described in Section xvi below), incorrect shipping and handling costs, or other reasons. If we cancel an order, we will promptly notify the Patron of the cancellation. Our right to refuse or cancel any such orders exists whether or not the order has been confirmed and the Patron’s credit card has been charged. If the Patron’s credit or debit card has already been charged for an order that is cancelled, we will promptly issue a full refund to the credit card associated with the Patron’s account.
- Errors and Inaccuracies. We do the best we can to display high quality, clear, and accurate images of the Artwork on our Platform. However, due to variety of devices and channels that can be used to access and view our Platform, the quality of such images may not always be within our control. Without limiting the generality of the foregoing, colors shown on the Platform may differ from actual Artwork colors as seen in person. For this and other reasons, as noted above, we recommend that Patrons go and see the Artwork in person before making a purchase. We attempt to be as accurate as possible with Artwork descriptions and prices. However, we do not warrant that such descriptions or prices are accurate. In the event that an Artwork is listed at an incorrect price or with incorrect information due to typographical error, error in pricing, or Artwork (or Artist) information error, we shall have the right to refuse or cancel any orders placed for such Artworks as described in Section xv above.
- No Circumvention. Both Artists and Patrons acknowledge and agree that for each Artwork available for sale through our Services, the Artist has agreed to be bound by the terms of the Consignment Agreement. Included in the terms of the Consignment Agreement is a provision requiring the Artist, as the consignee, to provide Artfare with a certain commission (which commission may vary from time to time and is dependent on the Consignment Agreement for the particular Artwork in question). Artists and Patrons acknowledge and agree that for the sale of any Artwork that is currently on consignment to Artfare under such Consignment Agreement, such commission is due to Artfare regardless of the channel through which the Artwork is sold, including, without limitation, sales made on the Platform, at an Artfare event, at an Artist’s studio, or through any other channel whatsoever. Violations of this Section xvii are a material breach of this Agreement. If Artfare determines that any user of our Services is in violation of, or has attempted to violate, this policy, it reserves the right to immediately close the user’s account, deny the user future access to the Services, and exercise any other remedy available to Artfare under this Agreement or at law. For the avoidance of doubt, Artfare will not penalize Patrons for an Artist’s breach of the Consignment Agreement with respect to the foregoing.
- Communications with Us. We encourage our Artists and Patrons to submit feedback, questions, comments, suggestions, and the like to Artfare (collectively, “Feedback”). You may submit Feedback to us via email or through our online community board, if available. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation or attribution to you.
- No Warranties; Limitation of liability. EXCEPT AS PROVIDED IN THIS AGREEMENT WITH RESPECT TO OUR FINE ART INSURANCE POLICY, THE PLATFORM, THE SERVICES, THE ARTFARE CONTENT, AND ALL ARTWORK AND OTHER MATERIALS AND INFORMATION PROVIDED BY ARTFARE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND ARTFARE EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS. ARTFARE DOES NOT WARRANT THAT THE PLATFORM OR SERVICES WILL OPERATE WITHOUT INTERRUPTION OR WILL BE ERROR-FREE, OR THAT ALL ERRORS MAY BE CORRECTED. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH THE SALE OR DELIVERY OF THE ARTWORK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM OR THE SERVICES SHALL BE LIMITED TO THE GREATER OF FIFTY DOLLARS ($50) OR 100% OF THE SUMS PAID BY YOU TO ARTFARE (WHETHER AS A PATRON FOR PURCHASES OR AS AN ARTIST FOR COMMISSIONS) DURING THE SIX (6) MONTHS PRECEDING THE ACTION GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND LIABILITIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
- External Sites. The Platform may contain links to third-party websites, including, without limitation, websites maintained or owned by other registered users of the Platform (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of such External Sites. The External Sites are developed and provided by others, and you should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites, and we do not make any representations regarding the content or accuracy of materials on such External Sites. If you decide to access linked External Sites, you do so at your own risk.
- Indemnification. You agree to defend, indemnify, and hold us, our affiliates, and our and their respective owners, members, officers, directors, employees, agents, successors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal fees, arising or resulting from: (i) your breach of this Agreement; and/or (ii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
- Digital Millennium Copyright Act. Artfare respects the intellectual property rights of others and attempts to comply with all relevant laws. Artfare works to ensure that Artwork and content on our Platform (both Artfare Content and User Content) does not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (“DMCA”). If you believe that work has been copied on the Platform in a way that constitutes copyright infringement, please provide our DMCA agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest. Our DMCA agent for the receipt of any notification of claimed infringement that may be given under the DMCA is as follows:
60 Broad Street
New York, NY 10004
- Compliance with Laws. The Platform is based in the United States. We make no claims concerning whether any content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Platform or Services from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
- Governing Law. This Agreement will be interpreted in accordance with the laws of State of New York and the United States of America, without regard to conflict-of-law provisions.
- Binding Arbitration. In the event of a dispute arising under or relating to this Agreement, the Services, or the Platform (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in New York, New York where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section xxvii below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
- Class Action Waiver. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Equitable Relief. You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, Borough of Manhattan for purposes of any such action by us.
- Communications Decency Act Notice. Artfare is a provider of “interactive computer services” as defined under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation, libel, product disparagement, and other claims arising out of any User Content is limited as described therein. We are not responsible for any User Content. We neither warrant the accuracy of the User Content nor exercise any editorial control over User Content, nor do we assume any legal obligation for editorial control of User Content or liability in connection with User Content, including any responsibility or liability for investigating or verifying the accuracy of any User Content.
- Downloading the App. We make the Platform available through the Apple App Store. The following terms apply when you download the Platform from Apple’s App Store. These terms are in addition to all other terms contained in the Agreement.
- You acknowledge and agree that (i) the Agreement is concluded between you and Artfare only, and not Apple; and (ii) Artfare, not Apple, is solely responsible for the Platform and content thereof. Your use of the Platform must comply with the App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
- In the event of any failure of any of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the applicable Platform to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform. As between Artfare and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Artfare.
- You acknowledge that, in the event of any third-party claim that the Platform or your possession and use of the Platform infringes that third party’s intellectual property rights, as between Artfare and Apple, Artfare, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
- You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the Platform, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the Platform against you as a third-party beneficiary thereof.
- Miscellaneous. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright 2018 Artfare, Inc. All rights reserved.
- Information collected or received. Over the course of us providing you the Platform and Services, way may collect, and you authorize us to collect, various information from you, as described below.
- Geolocation Data. In order to provide certain features and functionalities of the Platform while you are using a mobile device, we may, with your consent, automatically collect geolocational information from your mobile device or wireless carrier and/or certain third-party service providers. Such information is collectively called the “Geolocational Information.” Collection of such Geolocational Information occurs only when the Platform is running on your mobile device. You may decline to allow us to collect such Geolocational Information, in which case we may not be able to provide certain features or functionalities to you.
- Other Information. We may collect certain additional information (collectively, “Other Information”). Other Information can include information about your professional background and interests, service preferences, and other information that does not identify you personally. Other Information can also be information about your activity on the Platform, such as device registration data (type of device, IP address, browser type), device settings, mobile carrier, service use frequency and duration, and click-through rates on links. We also collect Other Information using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Platform. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Platform may not function properly. Finally, Other Information can be information that we collect via third-party analytics services that help us understand how the Platform and Services are being used, such as data collection, reporting, ad/promotion response measurement, website and mobile application analytics, and to assist with delivery of relevant marketing messages and advertisements.
- For Google Analytics, please visit: https://www.google.com/analytics
- For Mixpanel, please visit: https://mixpanel.com/legal/privacy-policy/
- For Batch IO, please visit: https://batch.com/privacy-policy
- For Google Adwords, you can set preferences for how Google advertises to you using the Google Ad Preferences page at https://adssettings.google.com/authenticated, and if you want to, you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
- For both Facebook and Instagram, you can set ad preferences by following the instructions here: https://www.facebook.com/help/568137493302217
- We will access, use, and share the information as required to process orders, provide support to you, and monitor compliance with our Terms of Service.
- We will share certain information with other users. You understand that the information you provide in your public profile may be viewable to other users on the Platform. You further understand that, if you are a Patron, the information you provide to the extended Patron profile (e.g., answers to questions) may be available to Artists you contact through the Platform or Services. If you are an Artist, you understand that the information that you provide on your profile is publicly available online. We recommend you only post information to your profile that you feel comfortable sharing with the public.
- We may share your information with our service providers who work on our behalf. For example, these service providers may handle payment or credit card processing, data management, customer data pooling or aggregating, feature administration, email distribution, market research, information analysis, and promotions management. These service providers will only have access to the information needed to perform these limited functions on our behalf and to the extent permitted by law.
- We may, from time to time, share and/or license information to other companies who may provide you information about the products and services they or their partners offer. However, to the extent required by law, you will be given the opportunity to opt out of such sharing.
- In an ongoing effort to better understand our users and Services, we may analyze certain user information in aggregate form. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our Platform and Services to current and prospective business partners and to other third parties for other lawful purposes.
- We may share some or all of your information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
- As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, your information may be part of the transferred assets.
- To the extent permitted by law, we will disclose your information to government authorities or third parties, including national security or law enforcement agencies, if required to do so by law, or if requested in response to a subpoena or court order, we believe in our sole and absolute discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large, or we believe that you have abused the Platform or Services by using them to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws or in violation of our Terms of Service.
- Security Measures. We provide industry-standard physical, electronic, and procedural safeguards to protect the information we process and maintain. For example, we take reasonable measures to limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Platform and Services. Please be aware that, although we endeavor to provide reasonable security for data we process and maintain, no security system can prevent all potential security breaches. As a result, we cannot guarantee or warrant the security of any information you transmit on or through the Platform or Services and you do so at your own risk.
- Social media and sharing. The Platform may use social networking or “share functionality” or may contain links to third-party social media sites or applications that are not owned or controlled by us. We also may allow you to use social media sites or applications to leverage your existing social media site or application accounts to access features of the Platform and Services. Your use of these features may result in the collection or sharing of information about you by these sites or applications, depending on the feature. We have no control over, and assume no responsibility for, any share functionality or the content, privacy policies, or practices of any third-party site or application. We encourage you to review the privacy policies and settings on the social media sites or applications with which you interact to make sure you understand the information that may be collected, used, and shared by those sites. You are subject to the policies of those third parties when and where applicable.
- Important Notice to Non-U.S. Residents. It is important to note that the Platform, and its servers, are operated in the United States. Please be aware that your information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Platform or Services, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.
- Privacy of children. The Platform and Services are not intended for children under age 18. We adhere to the Children’s Online Privacy Protection Act (“COPPA”). We do not knowingly collect or distribute personal information from or about children under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at email@example.com.
- California Residents. Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact us via email at firstname.lastname@example.org. Artfare does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
- Modifying your Personal Information and Communication Preferences. If you have an account with Artfare, you may access, review, and make changes to your Personal Information, certain Other Information, and, if applicable, Billing Information by following the instructions found on the Platform. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Artfare marketing email. Registered users cannot opt out of receiving transactional e-mails related to their accounts. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.
Copyright 2018 Artfare, Inc. All rights reserved.
Terms of Consignment
The period of the consignment shall last from [Date of upload] - [Date of upload + 4 months] (the “Consignment Period”), during which time the Artworks noted above will be exclusively sold through Consignee. If Consignor sells the Artworks through any channels other than Consignee’s channels (i.e., the Platform and in-person events) (“Alternate Channels”) during the Consignment Period, Consignee shall still be entitled to the commission on such sale.
Consignee shall be permitted to sell the Artwork to Patrons in accordance with the Terms of Service and Consignee’s other policies and practices. The purchase price for each Artwork shall be the retail price set by Consignor at the top of this Consignment Agreement. Consignee will retain a 20% commission of the final sale price of artworks included in this agreement. Consignor may not alter the price of any Artwork during the Consignment Period without Consignee’s prior written consent, in which case Consignee will make the adjustment on the Platform.
Consignee shall collect all amounts due from Patrons for Artwork sold through the Platform, including, without limitation, any and all applicable sales, use, excise, or similar taxes, duties, customs, and VAT. When Consignee transfers the revenue from such sale to Consignor, it will withhold any such sales, use, excise, or similar taxes, duties, customs, and VAT, and Consignee shall be responsible for remitting same to the applicable taxing authorities. Consignor may collect amounts due from Patrons if the Artwork is sold through Alternate Channels. In the event of a sale during the Consignment Period (regardless of the channel through which the Artwork is sold), Consignee will be entitled to a commission equal to 20% of the Net Revenue (as defined above). For purposes of this Consignment Agreement, “Net Revenue” means the price paid by the Patron for the Artwork, less (i) any and all shipping and handling, other fees, and applicable taxes, duties, customs, and VAT, to the extent retained by Consignee for payment to the applicable taxing authorities, and (ii) any discounts granted to such Patron. Discounts may be offered at the Consignor’s reasonable discretion, either at 10% or at 20% off the listed price, and will alter the Net Revenue noted above accordingly. Consignor will be notified promptly of all sales of its Artwork. The Artworks shall not be released from the custodianship of the Consignee, and title shall not pass to the Patron, until payment has been received in full by Consignee. If the sale is made through the Platform or other Consignee channel, Consignee shall pay Consignor all amounts due within four (4) days of the Artwork being picked up by Consignee, its designated shipping partner, or the purchasing Patron. Payment shall be made by transfer to Consignor’s Stripe account or as otherwise agreed by the parties. If the sale is made through an Alternate Channel and the payment is collected by Consignor, (i) Consignor shall pay Consignee the applicable commission within four (4) days of the sale of the Artwork and (ii) Consignor recognizes that it is responsible for withholding any sales, use, excise, or similar taxes, duties, customs, and VAT, and that the Consignor shall be responsible for remitting same to the applicable taxing authorities. If and to the extent Consignor is obligated to pay any third party commission or fee in connection with the sale of the Artwork, Consignor acknowledges and agrees that it is solely responsible such payments and that such payments shall be deducted from Consignor’s portion of the proceeds, and not from Consignee’s commission. Under no circumstances shall Consignee be required to share its commission with any third party.
Consignee offers delivery via shipping or in-person pick-up. In the event the Patron chooses the shipping option, Consignee will be responsible for coordinating all post-sale logistics of packing and shipping the Artwork to the Patron. All packing and shipping costs for sold Artworks will be borne by Consignee although Consignee may charge the Patron for all or a portion of such costs. Consignor has the option to facilitate in-person pick-up of the Artwork. In the event the Consignor has chosen to offer in person pick up and the Patron chooses to pick up the Artwork in person, Consignor will be required to adequately pack the Artwork for local transport, and Consignee will reimburse Consignor $50 for the packing fee.
Consignor represents, warrants, and covenants to Consignee that (i) all Artwork consigned hereunder is, and shall be at the time of sale, in perfect condition and able to withstand ordinary handling during packing, transport, and installation, and Consignor shall provide Consignee with all packing and installation requirements and instructions specific to each Artwork, if any, promptly upon receipt of notice of a sale; (ii) the Artworks are authentic, original creations of Consignor, and do not infringe, misappropriate, or otherwise violate the intellectual property rights of any third party or violate any applicable law, rule, or regulation; (iii) Consignor is the sole legal and beneficial owner of the Artwork and holds the unrestricted rights to its sale; and (iv) Consignor is able to and shall transfer to the Patron good and marketable title to, and possession of the Artwork, free from any third party rights or any liens, charges, encumbrances, claims or potential claims. These representations and warranties shall survive the expiration or termination of this Consignment Agreement.
Consignor shall monitor and keep track of its consigned Artwork and the applicable Consignment Period for each Artwork. Consignee shall notify Consignor two weeks prior to the expiration of each Consignment Period. At any time during such two-week period prior to expiration of the Consignment Period, Consignor may notify Consignee of a desire to (i) renew the Consignment Period by executing a new Consignment Agreement therefor, and, if renewed, Consignor may elect to change the retail price for the Artwork by indicating the new price on the new Consignment Agreement, or (ii) remove the Artwork from the Platform at the expiration of the then-current Consignment Period. If Consignor does not notify Consignee of a desire to renew the Consignment Period or remove the Artwork from the Platform prior to the expiration of the Consignment Period, the consignment for such Artwork will lapse, and the Artwork will be automatically changed to “price on demand” to avoid a purchase happening without your renewal of the consignment. If Consignor is not responsive for four additional months, the Artwork will expire completely and be removed from the Platform (the “Final Expiration Date”).
By consigning Artwork under this Consignment Agreement, Consignor agrees to be included in Consignee’s Platform as an Artist. Consignor acknowledges that the Platform will list Consignor by his or her full name. Furthermore Consignor hereby grants Consignee a worldwide, royalty-free right to use, display, edit, reproduce, distribute, store, and prepare derivative works of any images of the Artwork by or in any means, methods, media, or technology now known devised for the promotion of the Platform, the Services, and the Artwork itself, on the Platform, in press releases and advertisements, and as otherwise deemed appropriate by Consignee at its sole, reasonable discretion, during the consignment period.
Consignor agrees and acknowledges that it shall only have an interest as consignor in the Artwork and shall not have any interest in any property of Consignee or other consignors of Consignee, as the case may be. In the case of a physical event or presentation held by Consignee, and, in the event of a sale, while an Artwork is in transit or in Consignee’s possession or under its control while in transit, Consignor’s interest in the Artwork shall be insured under Consignee’s fine art insurance policy, for a value not less than the Net Revenue (less commission) due to Consignor for the sale as noted above, from the time of pick to up until Consignor receives payment in full, or until return of the Artwork to Consignor, on a wall to wall basis. In the event of a loss or damage, Consignee’s insurance policy will provide coverage at the time of loss to be based on the Net Revenue (less commission) due to Consignor for the sale. Consignee will exercise the same care with respect to the Artwork as it does in the safekeeping of comparable property of its own and will use professional art handling and shipping agents at all times.
Consignee does not assume any liability for the Artwork or Consignor during studio visits or other physical interactions between Consignor and any Patron. Consignor shall indemnify, defend, and hold harmless Consignee, its affiliates, and its and their respective owners, members, officers, directors, employees, agents, successors, and assigns from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal fees, arising or related to any breach by Consignor of the representations and warranties made under this Consignment Agreement.
It is understood and agreed by Consignor that all Patrons who purchase the Artworks are intended third-party beneficiaries of this Consignment Agreement and may bring claims directly against Consignor for breach of this Consignment Agreement or other damages resulting from this Consignment Agreement.
This Consignment Agreement shall expire on the removal from the Platform of all Artwork hereunder, whether resulting from sales, removals at Consignor’s election, or automatic removal on the Final Expiration Date, and provided that, in the case of sales, all post-sale obligations including payments have been completed. Consignee reserves the right to terminate this Consignment Agreement prior to its expiration at any time upon written notice to Consignor. Further, Consignee may, at any time, suspend or terminate Consignor’s access to, and account with, the Platform. Consignor may delete its account on the Platform at any time by written notice to Consignee, provided, however, that such deletion will not be effectuated until the earlier to occur of (i) the Final Expiration Date for all consigned artwork under this Consignment Agreement or any other Consignment Agreement between Consignor and Consignee then in effect, and (ii) the sale of all consigned artwork of Consignor on the Platform.