These terms of service apply to artists using the services of artfinds.me. By reviewing the following paragraphs and filling out the short form at the bottom of this page, you indicate your agreement with these terms.
ARTIST TERMS OF SERVICE
Updated: November 1, 2019
These terms and conditions (“Terms“) govern your (“user“, “you” or “your“) subscription to and use of the Artfinds.me online art sales platform, including our website and mobile application, as well as any offline sales channels, such as pop-up galleries, that are arranged by us (herein collectively referred to as the “Services“). These Terms constitute a legal contract between you and Artfinds.me. Please read these Terms carefully and in their entirety. By clicking “I AGREE” or by using the Services other than to review these Terms, you signify your consent to be legally bound by and to comply with these Terms. If you do not agree with these Terms, you may not access or use the Services.
The Services are provided by Artfinds.me Local Art Sales Inc. (“Artfinds.me“, “we“, “us” or “our“), a British Columbia company having its offices at 1-1033 Queens Avenue Victoria, British Columbia, Canada. The Services may be accessed, used and commented upon only by users who have valid subscriptions. Rights not expressly granted to users under these Terms are hereby expressly reserved by Artfinds.me. Any additional uses of the Services and any image or other content made available through the Services (other than your own) require our prior written permission. For further information, or to request any permission(s), please contact [email protected]
These Terms were last updated on October 28, 2019. At any time and for any reason, we may update, change, suspend or terminate any aspect of these Terms, provided that unless required by law or agreed by you, the changes will not apply retroactively. We will endeavour to post advance notice of any changes on our art sales platform. Please consult these Terms each time that you use the Services. Your continued use of the Services for 30 days or more following the posting of changes to these Terms or the implementation of any change to the Services will mean that you accept and agree to those changes.
- User Accounts
You are required to establish a user account to access the Services. You are responsible for ensuring that your account information, including password, is up-to-date, accurate and secure. You must contact Artfinds.me without delay if your account information changes or is compromised.
- Digital Works.
You may submit to Artfinds.me digital images of your original works of art (each, a “Digital Work”) that you wish to exploit commercially through the Services. You may not submit images of works of art that were created by other artists or in which you do not own copyright. If you did not create the digital image of your original work of art, you must ensure that you possess all necessary rights and licenses from the creator of the digital image in order to submit the digital images and to grant Artfinds.me the licenses to use the Digital Work granted under these Terms.
If you submit any Digital Works, you hereby grant to Artfinds.me a worldwide, non-exclusive, non-transferable right and license, with right to sublicense (i) to use, modify, crop, copy, transmit and broadcast copies of the Digital Works, in any form and using any technology, for the purpose of creating the Licensed Works; and (ii) to use, copy, modify, reproduce, distribute, publicly perform and display the Digital Works and the Licensed Works through the Services, including both online and offline channels such as pop-up galleries, for the purpose of marketing, promoting, offering to sell, selling and shipping the Licensed Works. For the purposes of this Agreement, “Licensed Works” means fine art reproductions of the Digital Works on paper and canvas, and on such other mediums as may be subsequently agreed in writing between you and Artfinds.me.
- Original Works.
You may also elect to offer your original works of art (each, an “Original Work”) for sale through the Services. You may only offer for sale original works of art that you have created and that you have the legal right to offer for sale.
- me Sole Discretion
You acknowledge and agree that Artfinds.me reserves the absolute right to determine if and for how long any Digital Work, Original Work or Licensed Work will be displayed or offered through the Services. Artfinds.me may, at its sole discretion, elect (i) not to display or offer any Digital Work, Original Work or Licensed Work through the Services, or (ii) to remove any listings, at any time, for any reason or for no reason, without liability.
- Intellectual Property Rights
Subject only to the express licenses granted to Artfinds.me as set out in these Terms, as between you and Artfinds.me, you will continue to own all copyright and other intellectual property rights in and to the Digital Work and the Original Work.
The Artfinds.me website, mobile application, Services, and any content and other information, images (other than the Digital Works), marketing materials, templates, reports and other materials created, supplied or made available by us, as well as the selection and arrangement thereof are, as between you and Artfinds.me, owned by Artfinds.me and are protected by Canadian and international copyright, and other intellectual property laws and treaty provisions.
“Artfinds.me” and other trademarks, design marks, trade dress, logos and associated designs used by us on our website, in our mobile application, in our marketing materials, and otherwise in connection with the Services are trademarks or registered trademarks of Artfinds.me. All rights are reserved.
For the purposes of these Terms, “Net Purchase Price” means the total purchase price paid by the purchaser of a Licensed Work or an Original Work, net of taxes, insurance, shipping and other expenses (which for greater certainty shall include, in the case of a Licensed Work, all costs incurred by Artfinds.me in creating the Licensed Work).
- Licensed Works:
You agree that Artfinds.me will be entitled to retain a fee (the “Sales Fee”) in an amount equal to 20% of the Net Purchase Price received from the purchaser of a Licensed Work.
Subject to Artfinds.me receiving confirmation of delivery of the Licensed Work to the purchaser, Artfinds.me will issue payment to you in an amount equal to the Net Purchase Price less the Sales Fee. You agree to promptly refund to Artfinds.me any amounts paid to you in respect of Licensed Works that were subsequently returned by the purchaser and for which a refund was issued.
- Original Works
You agree that Artfinds.me will be entitled to retain a commission (the “Commission”) in an amount equal to 20% of the Net Purchase Price received from the purchaser of an Original Work as a result of the Services. You agree to promptly refund to Artfinds.me any amounts paid by Artfinds.me to you in respect of Original Works that were subsequently returned by the purchaser and for which a refund was issued.
Artfinds.me will maintain complete and accurate records of sales of your Original Works and any Licensed Works created using Digital Works that you submit, and shall make those records available to you upon written request.
- Processing of Sales
- Licensed Works
Artfinds.me or its third party subcontractors (e.g. The Print Lab) will be responsible for processing sales, arranging shipment and collecting payments for all Licensed Works sold through the Services.
- Original Works
Artfinds.me will be responsible for negotiating any sales of your Original Works through the Services. Within seven (7) days of receipt of written notification from Artfinds.me of a potential sale of your Original Work, you agree to pack the Original Work for shipping, obtain an estimate of costs to insure and ship the work to the purchaser, and provide the estimate to Artfinds.me in writing. Artfinds.me will confirm the total cost of the sale (including insurance and shipping costs) with the purchaser and, if agreed, will collect payment. Artfinds.me will make an advance payment to you in an amount equal to the insurance and shipping costs, and you agree to ship the Original Work to the purchaser within five (5) days of receipt of the funds. Subject to Artfinds.me receiving confirmation of delivery of the Licensed Work to the purchaser, Artfinds.me will issue a final payment to you in an amount equal to the Net Purchase Price less the Commission.
- Representations and Warranties
Each party represents and warrants to the other that: (a) it has the full right and power to enter into and fully perform this agreement in accordance with its terms; (b) this agreement constitutes a legal, valid and binding obligation of that party, enforceable against that party in accordance with its terms; and (c) its execution, delivery and performance of this Agreement does not require consent from any third party, and will not violate or otherwise interfere with the provisions of any agreement to which the party is a party or otherwise bound, or violate any applicable law, regulation or judicial order.
You further represent and warrant that: (a) you are the sole and exclusive owner of all rights, title and interest, including intellectual property rights, in and to the Original Works and the Digital Works, and have all necessary authority and permissions to grant to Artfinds.me the rights, privileges and licenses set forth herein; (b) Artfinds.me’s exercise of its rights hereunder with respect to the Digital Works, the Original Works and the Licensed Workswill not violate any party’s rights (including intellectual property and privacy rights), applicable laws, rules or regulations; (c) you are not aware of any pending or threatened action, suit, proceeding or claim asserting that that the Original Work or Digital Work infringes or otherwise violates any intellectual property, proprietary or privacy right of any third party; and (d) there are no restrictions on Artfinds.me’s use of the Original Work, the Digital Work or any Licensed Works other than those expressly set out herein or communicated to Artfinds.me in writing at the time of submission of the Digital Work or listing of the Original Work. Examples of restrictions that must be disclosed to Artfinds.me are those contained in any agreements that you may have with art galleries or for the production of limited edition prints.
Except as expressly provided above, the Services are provided “as is” and “as available”, and Artfinds.me provides no representations or warranties of any kind, whether express or implied. Artfinds.me expressly excludes any representations or warranties that the Services will be timely, secure or error free (or that any errors will be corrected), or that the Services will meet your expectations or provide any specific results or benefits.
You agree to defend, indemnify and hold Artfinds.me, its officers, directors, employees and contractors harmless from and against any losses, costs or damages resulting from (a) a breach by you of any of your representations or warranties under this Agreement, or (b) any claim by a third party that an Original Work, a Digital Work and/or a Licensed Work infringes or otherwise violates the proprietary, privacy, intellectual property or other rights of any third party.
- Limitation of Liability
In no event will Artfinds.me, its officers’, directors’, employees’ and contactors’ total collective liability arising under or in connection with this agreement exceed the amount actually paid by you to Artfinds.me in respect of the sale or use of the Original Work, Digital Work or Licensed Work giving rise to the claim. In no event will Artfinds.me be liable for any indirect, special, incidental or consequential loss or damage of any kind including, without limitation, loss of profits, revenue or business, or the procurement of substitute services, regardless of the form of action and even if Artfinds.me knew or has been advised of the possibility of such damage.
Either party may terminate this agreement at any time, for any reason or for no reason, upon written notice to the other party. Termination shall be without prejudice to any rights arising prior to termination, including indemnity and the right to seek damages for breach of contract or breach of any representation or warranty.
If you terminate a listing for a Digital Work or an Original Work from the Services, the licenses granted by you to Artfinds.me will terminate as of that date in respect of any future sales; provided that the license rights will continue to govern for so long as is necessary for Artfinds.me and its subcontractors to fill any orders accepted prior to the termination. Artfinds.me will, within ten (10) days of receipt of written notice of termination, remove all images of the Digital work or the Original Work (as applicable) from its website.
Sections 4, 8, 9, 10 and 11 will survive termination.
- Governing Law
These Terms, and the agreement created by your acceptance of these Terms, will be interpreted, construed and governed by the laws of the Province of British Columbia, and the laws of Canada applicable therein. The courts of British Columbia sitting in Victoria will have exclusive jurisdiction over all matters arising hereunder that cannot be resolved through discussions between the parties.
These Terms contain the entire agreement between you and us governing your use of the Services. The agreement created by your acceptance of these Terms is personal, and cannot be transferred or assigned by you. We may assign this agreement and/or any of our rights or obligations under these Terms at any time.
Our failure to exercise or enforce any right or remedy under these Terms will not constitute a waiver of such right or remedy.
Neither your acceptance of these Terms nor Artfinds.me’s provision of the Services will create or be deemed to create any partnership, joint venture, agency, franchise or other business relationship between us, and you and Artfinds.me shall, at all times, be independent contractors.
The provisions of these Terms are severable. If any individual term or condition is held to be invalid, unenforceable or contrary to applicable law, such provision will be construed, limited, altered or deleted, as necessary, to eliminate the invalidity, unenforceability or conflict with applicable law while endeavoring to preserve the intention of the provision, and all other terms and conditions will remain in full force and effect.
Artfinds.me may communicate with you by email or by posting notices on the artfinds.me online sales platform. You consent to receive communications from Artfinds.me electronically, and agree that all notices, waivers, agreements, disclosures and other communications satisfy any legal requirements that such communications be in writing. You further agree that these Terms, and all correspondence and documentation relating to these Terms and your use of the Site, will be written in the English language. Vous acceptez que ces terms d’usage, ainsi que toute la correspondence et la documentation relative à ces termes d’usage, soient rédigées en langue anglaise.