Terms of Service
Certain areas of the Site and your access to certain Services may have different terms and conditions or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.
YOU ACKNOWLEDGE AND AGREE THAT USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING ARTWORK, PRINTS AND/OR DIGITAL WORKS ON OR THROUGH THE SITE OR SERVICES OR BY PROVIDING 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 USE THE SITE OR SERVICES.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Art Collectif reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will provide you with notice of the modification. We will also update the "Last Updated Date". By continuing to use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By using the Site or Services you represent and warrant that you are 18 or older.
To list Artwork. Prints and/or Digital Works on the Site, you must first complete our application process. During the application process, you will be required to provide certain personal information and information about the Artwork to be bought or sold.
Upon completion of our application process you will become a "Member." You agree to provide accurate, current and complete information during the application process and to update Art Collectif, by notice in writing, all information to keep it accurate, current and complete.
Art Collectif reserves the right to suspend or terminate your Account if any information provided during the application process or thereafter proves to be inaccurate, not current or incomplete.
Seller Terms and Conditions
Listing Artwork/Prints/Digital Works for Sale
As a Member, you may submit, by way of application, Artwork, prints of original works of art ("Prints") that you have created and that you desire to sell through the Site and Services. You may not submit listings for Original Works of Art and Prints that were created by another artist.
As a Member, you may also submit digital images of works of art ("Digital Works') that you have created and that you desire to commercially exploit through the Site and Services. You may not submit Digital Works that were created by another artist.
For your application to be accepted, you must provide Art Collectif with all the information requested on the provided application form and you must comply with any other Art Collectif requirements as identified in such application. Without limiting the generality of the foregoing, if you submit Artwork, Prints or Digital Works for sale you may be required to verify your identity by separately providing Art Collectif with a copy of a government-issued ID or similar documentation. Your application must be accurate and complete and comply with Art Collectif’s then-current Terms and Conditions. Art Collectif reserves the right to edit any listings to ensure that they comply with these guidelines.
You acknowledge that your works for sale may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). The placement of your works for sale in search and browse results may be based on factors that include without limitation title, keywords and price.
You acknowledge that Art Collectif reserves the right to promote and market Artwork, Prints or Digital Works through the use of promotions and/or discounts. The promotion and/or discount amount will apply to the listing price of Artwork, Prints or Digital Works
If, after the exclusive six-month term, you want to remove Artwork, Prints or Digital Works from the Site you must contact Art Collectif at firstname.lastname@example.org. The removal of a listing may take up to 24 to 48 hours. (A description of the exclusive six-month term is provided in Online Sales below).
Responsibility for Works
You acknowledge and agree that you are solely responsible for all Artwork, Prints or Digital Works that you make available through the Site and Services. Accordingly, you represent and warrant that:
- as to Artwork and Prints that you make available through the Site and Services, you are the creator of all such works and you are the sole and exclusive owner of all such works;
- as to Digital Works that you make available through the Site and Services, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to Art Collectif the rights in such Digital Works as contemplated under these Terms; and
- neither the Artwork, Prints nor Digital Works that you make available through the Site and Services nor Art Collectif's use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
When you submit Artwork, Prints and/or Digital Works to be sold via the Site, you hereby appoint Art Collectif as an independent reseller with the right to resell such works through the Site and Services exclusively for a term of (6) six-months and you hereby grant Art Collectif a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to:
- use, reproduce, distribute, publicly perform and publicly display copies of the Artwork, Prints or Digital Works via Online Sales channels; and
- access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Artwork, Prints or Digital Works in any form, medium or technology now known or later developed for the purpose of promoting Art Collectif, the Site and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of an Artwork, Print or Digital Work via the Online Sales channel.
Art Collectif will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Site and Services.
Shipping of Sold Works of Art
When an Artwork, Print or Digital Work is sold via the Site, Art Collectif will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Art Collectif, you will be responsible for shipping the purchased Artwork, Prints or Digital Works directly to the purchaser.
Art Collectif will provide you with information regarding its preferred shippers with which Art Collectif maintains an account. You agree to ship the purchased Artwork, Prints or Digital Works to the purchaser within (7) seven days following the date of purchase (the "Shipping Period"). If you do not ship the purchased Artwork, Prints or Digital Works to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled.
If you ship the purchased Original Work of Art or Digital Work via an Art Collectif preferred shipper account, Art Collectif will be responsible for the cost of shipping and for providing you with pre-paid shipping labels. You are responsible for providing accurate shipping weight, shipping dimensions and shipping address to Art Collectif if you are using an Art Collectif preferred shipper. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, Art Collectif (after providing documentation) reserves the right to deduct the resulting increased shipping costs from your Artist Revenue Share (defined below).
If you do not ship the purchased Artwork, Prints or Digital Works via an Art Collectif preferred shipper or if you pay for the cost of shipping yourself, Art Collectif will reimburse you for the amount you paid, up to the amount that Art Collectif charged the purchaser for shipping.
Commissions for sales of Artwork, Prints or Digital Works via the Site will be calculated based on then-current standard pricing and commission terms (the “Artist Revenue Share”). Commissions will be sent to you by Art Collectif via PayPal or etransfer following the expiration of the return period offered with the purchase of any Artwork, Prints or Digital Works.
You agree to comply with the terms and conditions of Art Collectif’s then-current Return Policy that are applicable to any Artwork, Prints or Digital Works that are sold through the Site and Services.
Terms for both Sellers and Purchasers
If you are a Member and have submitted Artwork, Prints and/or Digital Works and have been contacted through the Site and Services by another Member with respect to purchasing either of the foregoing, you may not sell such Artwork, Prints or Digital Works to such Member independent of the Site and Services. Similarly, if you are a Member and desire to purchase Artwork, Prints and/or Digital Works which another Member has submitted, you may not purchase such Artwork, Prints or Digital Works from such Member independent of the Site and Services.
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in Canadian dollars and do not include any sales, use, value added taxes ("VAT"), goods and services ("HST") 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 purchaser of Artwork, Prints and/or Digital Works, you acknowledge that Art Collectif will add Taxes to the amounts charged, as a separate charge, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
You understand and agree that Art Collectif uses commercially reasonable efforts to display the colors of Artwork, Prints or Digital Works accurately via the Site and Services. However, because individual computer monitors may display colors differently, Art Collectif is not responsible for the color accuracy of any Artwork, Prints or Digital Works displayed on the Site and Services, and disclaims all liability in this regard.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i)infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site, or any individual element within the Site, Art Collectif’s name, any Art Collectif trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Art Collectif’s express written consent;
- Access, tamper with, or use non-public areas of the Site, Art Collectif’s computer systems, or the technical delivery systems of Art Collectif’s providers;
- Attempt to probe, scan or test the vulnerability of any Art Collectif system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, de-scramble or otherwise circumvent any technological measure implemented by Art Collectif or any of Art Collectif's providers or any other third party (including another user) to protect the Site, Services or Art Collectif Art Content;
- Attempt to access or search the Site, Services or Art Collectif Content or download Art Collectif Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Art Collectif or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing an Art Collectif trademark, logo URL or product name without Art Collectif’s express written consent;
- Use the Site, Services, Art Collectif Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Art Collectif Content or Member Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Art Collectif Content
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Art Collectif will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Art Collectif may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Art Collectif has no obligation to monitor your use of the Site or Services, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Art Collectif reserves the right, at any time and without prior notice, to remove or disable access to submissions of Artwork, Prints or Digital Works, Art Collectif Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Art Collectif, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.
Promotions and Contests
Art Collectif may operate contests and similar promotions (collectively, "Promotions") through the Site and Services. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Site and Services, as they may contain additional important information about Art Collectif’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.
The Site, Services and Art Collectif Content may be protected by copyright, trademark and other laws of Canada and foreign countries. Except as expressly provided in these Terms, Art Collectif and its licensors exclusively own all right, title and interest in and to the Site, Services and Art Collectif Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Art Collectif Content.
Art Collectif respects copyright law and expects its users to do the same. It is Art Collectif 's policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Art Collectif's Copyright Policy for further information.
The Site may contain links to third-party websites or resources. You acknowledge and agree that Art Collectif is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Art Collectif of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination and Account Cancellation
If you breach any of these Terms, Art Collectif will have the right to suspend or disable your Membership or terminate these Terms, at its sole discretion and without prior notice to you. In the event Art Collectif terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Membership at any time by sending an email to email@example.com.
THE SITE, SERVICES, Art Collectif CONTENT AND MEMBER CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Art Collectif EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Art Collectif MAKES NO WARRANTY THAT THE SITE, SERVICES, Art Collectif CONTENT OR MEMBER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Art Collectif MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Art Collectif OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, Art Collectif DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES Art Collectif MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SITE OR SERVICES. Art Collectif MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN-PERSON.
You agree to defend, indemnify, and hold Art Collectif, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, Art Collectif Content or Member Content, or your violation of these Terms.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your use of the Site, Services and Art Collectif Content remains with you. Neither Art Collectif nor any other party involved in creating, producing, or delivering the Site, Services, Art Collectif Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Art Collectif Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Art Collectif has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Art Collectif used herein are trademarks or registered trademarks of Art Collectif. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Ontario, Canada without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the Province of Ontario and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between Art Collectif and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Art Collectif and you regarding the Site and Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Art Collectif’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Art Collectif may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Art Collectif via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Art Collectif to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Art Collectif. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Art Collectif
If you have any questions about these Terms, please contact Art Collectif at firstname.lastname@example.org.
ARTIST REVENUE SHARE
Art Collectif receives a 30% commission for Artwork, Prints and Digital Works sold via the Site, based on the final sale price. You will receive 70% of the final sale price of an Artwork, Print or Digital Work.
Art Collectif offers collectors a 10% discount off their first purchase of any Artwork, Print or Digital Work. From time to time, promotional incentives are offered to collectors as a way of encouraging purchases and generating site traffic. If an Artwork, Print or Digital Work is purchased during a promotion, the commission payable will be calculated on the final sale price (e.g. if an Artwork, Print or Digital Work is listed for $1000 and the client is offered a 10% discount then the sale of the piece becomes $900. The artist would receive 70% of $900 and Art Collectif would receive 30% of $900).
Art Collectif offers collectors the option to pay for Artwork, Prints and/or Digital Works over time via an installment plan. Payments may be divided in either two or three payments over two or three months, which is determined at the time of the sale. Purchases of Artwork, Prints and/or Digital Works will not be shipped until the final payment is received. You will receive your payment following the expiration of the return period offered with the purchase of any Artwork, Prints and/or Digital Works.
Art Collectif = Art Worth Collecting.