Posted by GiGi Campos | 03/04/2014
Last Updated Date: February 26, 2014
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older, or have obtained parental consent.
In order to purchase through the Site, you may choose to create an account (“Account“) (or “Check Out As Guest”) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. ARTograma reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions.
Purchaser Terms and Conditions
Purchases of Original Works of Art
Anyone may purchase Original Works of Art that are listed on our Site. When you purchase such an Original Work of Art through the Site and Services, you are purchasing the work from ARTograma and not from the artist identified on the listing for such work. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt. ARTograma and/or its third party service providers will collect your billing and shipping information and process your payment. The artist identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of ARTograma’s Return Policy apply to any Original Works of Art that you purchase through the Site and Services. When you purchase Original Works of Art via Online Sales (other than via the Site and Services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.
ARTograma reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Site and Services if ARTograma determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable via the Site and Services. If ARTograma cancels an order placed via the Site and Services, we will send you an email confirmation of such cancellation and you will not be charged for your order.
Terms for both Sellers and Purchasers
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in U.S. dollars and do not include any sales, use, value added (“VAT“), goods and services (“GST“) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes“). If you are a seller of Original Works and/or Printed Works, you acknowledge that ARTograma will withhold the Taxes required to be withheld from the payments ARTograma makes to you. Seller must fill out appropriate Tax forms prior to any commissions being paid. Commissions will be paid as follows:
For an Artist living within the United States, a W9 Tax Form must be filled out for both the sale of an Original or Prints.
For an Artist living outside the United States, a W8BEN Tax Form must be filled out for Originals and Prints.
If you are a purchaser of Original Works and/or Printed Works, you acknowledge that ARTograma will add Taxes to the amounts charged, as a separate charge, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes.
You understand and agree that ARTograma uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Site and Services. However, because individual computer monitors may display colors differently, ARTograma is not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Site and Services, and disclaims all liability in this regard.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services. You may submit Feedback by emailing us at email@example.com.
ARTograma may also make available through the Site and Services text, graphics, audio, video and images of works of art some of which is owned by ARTograma and some of which is made available under license by a third party. ARTograma authorizes you to download, view and print ARTograma-owned Content solely for your personal use in visiting the Site and, if you are an artist or a buyer, in connection with exercising the rights granted to artists and buyers under these Terms. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such ARTograma Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ARTograma or its licensors, except for the licenses and rights expressly granted in these Terms.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Site, or any individual element within the Site, ARTograma’s name, any ARTograma trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ARTograma’s express written consent.
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
ARTograma will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ARTograma may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
The Site, Services and ARTograma Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, ARtograma and its licensors exclusively own all right, title and interest in and to the Site, Services and ARTograma Content and Printed Works, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or ARTograma Content.
The Site may contain links to third-party websites or resources. You acknowledge and agree that ARTograma 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 ARTograma 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.
THE SITE, SERVICES, ARTograma CONTENT AND MEMBER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ARTograma EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ARTograma MAKES NO WARRANTY THAT THE SITE, SERVICES, ARTograma CONTENT OR MEMBER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ARTograma MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ARTograma OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, ARTograma DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES ARTograma MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SITE OR SERVICES. ARTograma MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of ARTograma used herein are trademarks or registered trademarks of ARTograma. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.