Artzine
Account

Terms of Service

Last Updated Date: September 19, 2017

Artzine ("Artzine," "we" or "our") provides a service for selling and purchasing Artworks (the "Service", collectively the "Services") through our website, accessible at artzine.com (the "Site"). Please read carefully the following terms and conditions of use ("Terms") and our Privacy Policy, which may be found at artzine.com/privacy. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and Artzine.

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, understood and agreed to be bound by these Terms, whether or not you have registered with the site. 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.

Artzine 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 post the modification on the Site and update the "Last Updated Date" on this page. By continuing to access or use the Site or Services after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms.

If you do not agree to accept and abide by these Terms, you should not access or use the Site or Services.

Definitions

Artist
Artist is defined as the person who created the original Artwork, has the right to sell the Artwork, and is selling the Artwork via the Artzine Site and Services.
Buyer
Buyer is defined as the person who has made, or intends to make a purchase on the Artzine Site and Services through an online payment.
User
User is defined as any person, member or not, who browses or uses the Artzine Site and Services for any purpose.
Member
Member is defined as any person who has created an account on the Artzine Site and Services, whether they are an Artist or a Buyer.
Account
Account is defined as the electronic record created on the Artzine Site and Services for the purpose of storing information pertaining to a Member.
Member Content
Member Content is defined as data, text, images, user names, graphics, photos, paintings, drawings, artworks, profiles or links or any other information whatsoever that is posted by a Member of the Site and Services.
Your Content
Your Content is defined as Member Content that you make available in connection with the Site and Services.
Artzine Content
Artzine Content is defined as data, text, images, graphics, videos or any other information whatsoever that is posted by Artzine on the Site and Services.
Artwork
Artwork is defined as any piece of original work that is offered for sale on, or sold via the Site and Services.
Artist Dashboard
Artist Dashboard is defined as the secure area on the Site that Artists can access with a password in order to manage their Account.
Artist Payouts
Artist Payouts are the monies paid to the Artist by Artzine for the sale of an Artwork.
Artist Revenue Share
Artist Revenue Share is defined as the amount received by the Artist for the sale of an Artwork, after payment has been split between Artzine and the Artist.
Copyright
Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards your original works of art from copying and certain other uses.
Original
Original is defined as a primary and original work, as opposed to any copy, reproduction or imitation. Copies, reproductions, prints and electronically altered works are not considered original for the purposes of these terms and conditions. Copyright must belong to the creator of an artwork in order for it to be considered original.

Eligibility

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.

Account Registration

In order to list a work on the Site or to make a purchase through the Site, (other than users who utilise the guest checkout option), you must first create an Account by completing our registration process. Upon completion of our registration process or by utilising our guest checkout option 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. Artzine 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, and 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 authorised such activities or actions. You will immediately notify Artzine of any unauthorised use of your Account.

All content on the Site and Services are Copyright of either Artzine or the Artist. Content must not be downloaded or used without express written permission from Artzine, or the Artist where the content is their own work.

The Artist retains all Copyright for physical artworks (which includes reproduction rights) even when the physical property is transferred to the Buyer. If the Buyer wishes to reproduce the Work, this must be separately negotiated with the Artist.

Artzine respects Copyright law and expects its users to do the same. It is Artzine's policy to terminate in appropriate circumstances the Account of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of Copyright holders.

Privacy

See Artzine's Privacy Policy at artzine.com/privacy for information and notices concerning Artzine's collection and use of your personal information.

Returns Policy

We provide full Artist and Buyer protection on all Artwork sales. See our Returns Policy at artzine.com/returns.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at [email protected].

Artist Terms and Conditions

Listing on the Site

As a Member, you may submit listings for Artwork that you have created and that you desire to sell through the Site and Services.

Artzine aims to promote hand-made, original Artworks and does not allow digitalised or electronically produced or enhanced mediums such as photographs or other works created and/or modified by computer.

Artworks may include drawings, watercolours, paintings, mixed media, ink works, etc. Photography, sculptures, textiles, craft, jewellery, glassworks and electronically produced works are not accepted.

If you submit listings for Artworks, you hereby appoint Artzine as an independent non-exclusive reseller with the right to resell such Artworks through the Site and Services.

You acknowledge that Artzine reserves the right to promote and market Artworks through the use of sales and/or discounts, and agree that the license rights for Your Content specific to your Artworks submitted to the Site and Services 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 Artist Payouts, which will be payable when an Artwork is sold on or through the Site and Services.

You always retain the right to remove a listing for an Artwork from the Site. If you want to remove a listing for an Artwork from the Site you can do so from your Artist Dashboard at any time.

Artwork Ownership

You acknowledge and agree that you are solely responsible for all Artwork that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) as to Artwork that you make available through the Site and Services, you are the creator of all such Artwork and you are the sole and exclusive owner of all such Artworks; (ii) neither the Artwork that you make available through the Site and Services nor Artzine'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.

Accuracy of Information

You are responsible for the accuracy and veracity of the information for the Artwork you list on the Site and Services.

In order for your Artwork to be accepted on the Site, you must provide Artzine with all the information requested on the applicable page of our Site and you must comply with any other Artzine requirements as identified on such page. Artzine reserves the right to edit any listings to ensure that they comply with these guidelines.

If the inaccuracy of information you provide for an Artwork results in financial loss to Artzine, such as financial loss due to miscalculated shipping, or returns due to misrepresentation of the Artwork, then the balance may be deducted from the Artist Payout. As such, please take extra care to provide correct dimensions, weight, address, description and photos for your listed Artworks.

Artist Revenue Share

Artzine charges 30% commission on the listed Artwork price, which means you retain 70% of the profit from any Artwork you sell on the Site and Services.

Occasionally Artzine will include your Artwork in promotions with discounts of up to and not exceeding 20%. If a promotional discount code is used at the time of purchase, the discount will be deducted from the price of the artwork and the usual 70/30 split will then be calculated.

Artist Payouts

You will be eligible for a payout 7 days after your Artwork has been safely delivered to the Buyer, in accordance with an Artzine-designated payment schedule. Artist Payouts are processed on a weekly basis.

All payments from Artzine to the Artist are made via bank to bank transfer. In order to receive an Artist Payout you must provide your bank details via your Artist Dashboard.

Shipping

Upon sale of an Artwork, you will be responsible for shipping the purchased Artwork directly to the Buyer. Artzine will provide you with a booking form on your Artist Dashboard, with a list of preferred couriers, available pickup times, and the name and address of the Buyer.

You agree to ship the purchased Artwork to the Buyer within seven days following the date of purchase (the "Shipping Period"). If you do not ship the purchased Artwork to the Buyer prior to the expiration of the Shipping Period, then the sale may be cancelled. If you ship the purchased Artwork via a Artzine preferred courier, Artzine will be responsible for the cost of shipping. If you do not ship the purchased Artwork via an Artzine preferred courier, or if you pay for the cost of shipping yourself, Artzine will reimburse you for the amount you paid, up to the amount that the Artzine preferred courier quoted for shipping.

Artworks must be shipped unframed. If actual shipping weight, shipping dimensions or pickup address changes after submitting the courier booking form, Artzine reserves the right to deduct the resulting increased shipping costs from your Artist Payout.

Buyer Terms and Conditions

Purchases of Artworks

As a Member, you may purchase Artworks that are listed by other Members on the Site. When you purchase such an Artwork through the Site and Services, you are purchasing the work from Artzine and not from the Member identified on the listing for such work.

Prices for Artworks will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges for which you are responsible and which will be separately identified on your receipt. You will be responsible for providing a valid and current shipping address on sale in order to calculate shipping, otherwise the sale may be cancelled.

The Member identified on the listing of the Artwork will ship the purchased work directly to you. The terms and conditions of Artzine's then-current Return Policy apply to any Artworks that you purchase through the Site and Services.

General Terms and Conditions

Transaction Restrictions

If you are a Member and have submitted a listing for an Artwork 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 to such Member independent of the Site and Services. Similarly, if you are a Member and desire to purchase an Artwork for which another Member has submitted a listing, you may not purchase such Artwork from such Member independent of the Site and Services.

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 provide 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 minimise or to qualify for an exemption from any such obligations.

Order Cancellations

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

Colour Accuracy

Artzine uses commercially reasonable efforts to accurately display the colours of Artworks via the Site and Services. However, because individual computer monitors may display colours differently, Artzine is not responsible for the colour accuracy of any Artworks displayed on the Site and Services, and disclaims all liability in this regard.

Member Content

You acknowledge and agree that you are solely responsible for Your Content. Artzine does not claim any ownership rights on Your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit Your Content. Artzine has no obligation to monitor or enforce your intellectual property rights in or to Your Content.

By making available any Member Content on or through the Site and Services, you grant Artzine a worldwide, non-exclusive, transferable, royalty-free, commission-free license to: (i) use, reproduce, modify, publicly display, distribute, broadcast and transmit Your Content on or through the Site and Services in any form, medium or technology now known or later developed, for the purpose of promoting Artzine, the Site and Services, and (ii) you grant directly to other Members the right and license to view Your Content on or through the Site and Services only in connection with such Member's authorised use of the Site and Services.

You reserve all other rights and licenses in and to Your Content that you make available on or through the Site and Services.

You represent and warrant that: (i) you are the sole and exclusive owner of all Member Content that you make available on the Site or that you have all rights, licenses, consents and releases that are necessary to make available such Member Content, and to grant all rights and licenses in such Member Content as granted under these Terms; and (ii) neither the Member Content nor your making available any Member Content on the Site nor any use of any Member Content as permitted under these Terms will infringe, misappropriate or violate a third party's patent, Copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Artzine Content

Artzine may also make available through the Site and Services text, graphics, audio, video and images of works of art (collectively, "Artzine Content"), some of which is owned by Artzine ("Artzine-owned Content"), and some of which is made available under license by a third party ("Artzine-licensed Content"). Artzine authorises you to download, view and print Artzine-owned Content solely for your personal use in visiting the Site and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For Artzine Licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the page of the Site where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such Artzine Licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Artzine or its licensors, except for the licenses and rights expressly granted in these Terms.

The Site, Services and Artzine Content are protected by Copyright, trademark and other laws of Spain and foreign countries. Except as expressly provided in these Terms, Artzine and its licensors exclusively own all right, title and interest in and to the Site, Services and Artzine 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 Artzine Content.

Account Termination and Cancellation

If you breach any of these Terms, Artzine will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Artzine reserves the right to revoke your access to and use of the Site, Services, Artzine Content and Member Content at any time, with or without cause. In the event Artzine terminates these Terms for your breach, you will remain liable for any amounts due hereunder. For Artists, upon the termination of these Terms or cancellation of your Account, Artzine will remit to you the remaining balance of outstanding Artist Payouts in your Account, if any. You may cancel your Account at any time by sending an email to [email protected].

General Prohibitions

You agree not to do any of the following:

Artzine will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Artzine may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Artzine has no obligation to monitor your access to or use of the Site or Services or to remove any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Artzine reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Artworks, Artzine Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Artzine, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.

Disclaimers

THE SITE, SERVICES, Artzine CONTENT AND MEMBER CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Artzine 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. Artzine MAKES NO WARRANTY THAT THE SITE, SERVICES, Artzine CONTENT OR MEMBER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Artzine 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 Artzine 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, ARTZINE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES Artzine MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SITE OR SERVICES. Artzine 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.

Indemnity

You agree to defend, indemnify, and hold Artzine, 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, Artzine Content or Member Content, or your violation of these Terms.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services, Artzine Content and Member Content remains with you. Neither Artzine nor any other party involved in creating, producing, or delivering the Site, Services, Artzine 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, Artzine 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 Artzine has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Artzine's aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Artzine Content or Member Content exceed: (i) if you are a Member who has sold Artworks and has received any Artist Payouts from Artzine from the sale of Artworks, the total payments made or credited to you by Artzine for the sale of your Artworks during the three (3) month period preceding the date a claim for liability arises under these Terms; and (ii) if you are a Member who has purchased Artworks, the total payments that you made to Artzine for the Artworks that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Artzine and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Artzine used herein are trademarks or registered trademarks of Artzine. 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 Spain 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 Andalucía, Spain and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Artzine and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Artzine and you regarding the Site and Services.

General

The failure of Artzine 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 authorised representative of Artzine. 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 Artzine

If you have any questions about these Terms, please contact Artzine at [email protected].