Terms of Service
Last Updated Date: June 6, 2021
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.
- 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.
- Purchaser 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 is defined as any person, member or not, who browses or uses the Artzine Site and Services for any purpose.
- Member is defined as any person who has created an account on the Artzine Site and Services, whether they are an Artist or a Purchaser.
- Account is defined as the electronic record created on the Artzine Site and Services for the purpose of storing information pertaining to a Member.
- Seller is an Artist and a Member who has created an Account on the Site to sell their Artwork.
- 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 is defined as any piece of original work that is offered for sale on, or sold via the Site and Services.
- Seller Dashboard
- Seller Dashboard is the secure area on the Site that Sellers can access with a password in order to manage their Account.
- Payouts are the monies paid to the Seller by Artzine for the sale of an Artwork.
- Subscription is the paid plan chosen by the Seller when creating their Account.
- 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 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.
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.
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 Purchaser. If the Purchaser 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.
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 firstname.lastname@example.org.
Seller Terms and Conditions
All Artists seeking to sell their Artwork on the Site and Services must first undergo a verification process to determine their eligibility. The selection criteria is subject to internal company policy, and exists to ensure the highest quality standards of Artwork displayed on the Site and Services.
Listing on the Site
As a Seller, you can list Artwork that you have created to sell through the Site and Services. By listing an Artwork on the Site, you hereby appoint Artzine as an independent non-exclusive reseller with the right to resell said Artwork through the Site and Services.
Artzine aims to promote hand-made, original Artworks including drawings, watercolours, paintings, mixed media, ink works, prints, photograhpy, digital art, sculpture, engraving, etc. Textiles, craft, jewellery and glassworks are not accepted on the Site. Any Seller found to be listing items that do not fall into the above categories may have their Account suspended and removed from Artzine.
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 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 Seller Dashboard.
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. 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 Payout. As such, please take extra care to provide correct dimensions, weight, address, description and photos for your listed Artworks.
The Seller is responsible for setting up their shipping rates and options via the Seller Dashboard. In the event of a potential sale where the Seller has not specified a shipping rate to that destination, the Seller will have up to seven (7) days to provide a shipping quote or the sale may be cancelled at the discretion of all parties involved.
Upon the sale of an Artwork, the Seller is responsible for packing and shipping the Artwork directly to the Purchaser. The Seller agrees to ship the purchased Artwork to the Purchaser within seven (7) days following the date of purchase (the "Shipping Period"). If the Seller does not ship the purchased Artwork to the Purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled and refunded at the discretion of the Purchaser.
Artzine will not be held accountable, or provide reimbursement for any damages sustained to an Artwork during transit. As such it is the responsibility of the Artist to ensure the Artwork is well packed and properly insured. Any insurance claims must be directed to the third-party shipping provider.
Any import taxes or duties applicable in the destination country are the responsibility of, and are therefore payable by the Purchaser.
Depending on the Subscription type chosen by the Seller, Artzine charges a fixed commission rate on the sale of Artworks in addition to the base Subscription price. This sales commission will be deducted from the Payout amount for each sale.
You will be eligible for a Payout seven (7) days after your Artwork has been safely delivered to the Purchaser, in accordance with an Artzine-designated payment schedule. Payouts, except for crypto, are processed on a weekly basis. In case of cryptocurrency payments, Payouts will be processed on the 1st of the month after the sale is completed.
All payments from Artzine to the Artist are made via bank to bank transfer or via PayPal depending on the method chosen by the Seller. In order to receive an Payout you must provide your bank account and/or PayPal details via your Seller Dashboard.
The prices you enter for your Artworks on the Seller Dashboard should be the base price of the artwork without any added taxes. As required by law, prices displayed on the Site and Services must be tax inclusive. Therefore, we will add any relevant taxes, such as GST or VAT, to the base price of the Artwork to generate the final price that's displayed to the User. The Site will use the User's IP or given physical address to identify their origin, and automatically modify the display price to include the necessary taxes.
Sellers will be able to create an Account to trail the Site and Services free of charge. Upon requesting Account verification they will be required to choose a Subscription plan and enter their billing information. Subscription payments will only be processed in the event that the Seller Account is successfully verified.
Subscription payments will be processed on a monthly basis until such time as the Seller chooses to terminate their Account.
Donations are a type of Service that allows Your customers to make donations to You to support You and Your projects. This subscription relationship is solely between You and Your customers. Artzine is only providing tools to facilitate offering donations through Your Account. You are solely responsible for complying with all laws, rules, and regulations applicable to a subscription relationship, and the donations, including determining, collecting, withholding, and reporting any and all taxes imposed by local or foreign jurisdictions on such amounts. You agree not to use donations:
- To obtain investments or sell securities of any kind;
- To offer anything of value to Your customers;
- To do anything that would violate the other terms of this Agreement.
Purchaser Terms and Conditions
Purchases of Artworks
As a Member, you may purchase Artworks that are listed by Sellers 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 Seller identified on the listing as the creator of the work.
Prices for Artworks will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) for which you are responsible and which will be separately identified at checkout. 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 Seller identified on the listing of the Artwork will ship the purchased work directly to you. The Terms and Conditions of Artzine's then-current Buyer Protection Policy apply to any Artworks that you purchase through the Site and Services.
All Artwork sales are fully protected. If your purchased Artwork does not arrive, or if it arrives in a damaged state, or if it does not match its initial description then you may be entitled to a full refund. See our Buyer Protection Policy at artzine.com/buyer-protection for more information.
General Terms and Conditions
If you purchase an Artwork through the Services, you acknowledge that Taxes, such as ("VAT") and goods and services ("GST"), will be added to the amounts charged, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. 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.
If you are a Seller 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 a Seller has submitted a listing, you may not purchase such Artwork from such Member independent of the Site and Services.
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.
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.
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 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 Estonia 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 Payouts in your Account, if any. You may cancel your Account at any time via your Seller Dashboard or by sending an email to email@example.com.
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, Artzine's name, any Artzine trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Artzine's express written consent;
- Access, tamper with, or use non-public areas of the Site, Artzine's computer systems, or the technical delivery systems of Artzine's providers;
- Attempt to probe, scan or test the vulnerability of any Artzine system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Artzine or any of Artzine's providers or any other third party (including another user) to protect the Site, Services, Artzine Content or Member Content;
- Attempt to access or search the Site, Services, Artzine Content or Member Content or download Artzine Content or Member 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 Artzine or other generally available third party web browsers;
- Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilising a Artzine trademark, logo URL or product name without Artzine's express written consent;
- Display any personal or professional contact information throughout the Member Content, except for the pertinent sections in the Artist's Dashboard that are intended to include the Artist's own website and social media profiles;
- Use the Site, Services, Artzine 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, Artzine 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, Artzine Content or Member 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.
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.
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.
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 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 Estonia 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.
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.
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.
If you have any questions about these Terms, please contact Artzine at firstname.lastname@example.org.
11412 Tallinn, Estonia