EFFECTIVE DATE: November 1, 2018
Use of the Site
Purchaser Terms and Conditions
Purchases of Original Works of Art
As a Buyer, you may purchase Original Works of Art and Printed Works that are listed by other Artists on the site. When you purchase such an Original Work of Art through the site, you are purchasing the work from ARTd4 and not from the Artist identified on the listing for such work. Prices for Original Works of Art will be as specified on the listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes, if any, for which you are responsible and which will be separately identified on your receipt. ARTd4 will collect your billing and shipping information and process your payment. The Artist identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of ARTd4 then-current Return Policy apply to any Original Works of Art that you purchase through the Services.
ARTd4 reserves the right to cancel any order for an Original Work of Art or Printed Work if ARTd4 determines that the item is mispriced, out of stock, discontinued, or otherwise unavailable. If ARTd4 cancels an order we will send you an email confirmation of such cancellation and you will not be charged for your order.
Terms for both Sellers and Purchasers
If you are an Artist and have submitted a listing for an Original Work of Art or a Digital Work and have been contacted through the site by a Buyer with respect to purchasing either of the foregoing, you may not sell such Original Work of Art or Digital Work to such Buyer independent of ARTd4. Similarly, if you are a Buyer and desire to purchase an Original Work of Art or Digital Work for which an Artist has submitted a listing, you may not purchase such Original Work of Art or Digital Work from such Artist independent of the ARTd4.
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in U.S. dollars.
If you are a purchaser of Original Works of Art and/or Printed Works, you acknowledge that ARTd4 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.
ARTd4 uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately. However, because individual computer monitors may display colors differently, ARTd4 is not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Site , and disclaims all liability in this regard.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback“). You may submit Feedback by emailing us at info@ARTd4.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of ARTd4 and you hereby irrevocably assign to ARTd4 and agree to irrevocably assign to ARTd4 all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At ARTd4 request and expense, you will execute documents and take such further acts as ARTd4 may reasonably request to assist ARTd4 to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
In addition to submitting listings for Original Works of Art and Digital Works, ARTd4 may, in its sole discretion, designate areas of the Site in which Members can post, upload, publish or submit text, graphics, audio, video, images of works of art or other content on or to the Site (individually or collectively. “Member Content” excludes any images of Original Works of Art or Digital Works for which a Member submits a listing, as described under “Seller Terms and Conditions” above. ARTd4 does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that a Member may have to use and exploit any such Member Content. By making available any Member Content on or through the Services, (i) you grant ARTd4 a worldwide, non exclusive, transferable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such Member Content on or through the Services in any form, medium or technology now known or later developed, for the purpose of promoting ARTd4, the Services, and (ii) you grant directly to other Members the right and license to view your Member Content on or through the Services only in connection with such Member’s authorized use of the Services. You reserve all other rights and licenses in and to any Member Content that you make available on or through the Services.
You acknowledge and agree that you are solely responsible for any Member Content that you make available on or through the Services. You represent and warrant that: (i) you are the sole and exclusive owner of all Member Content that you make available on or through the Services 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 Services 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.
ARTd4 may also make available through the Services text, graphics, audio, video and images of works of art (collectively, “ARTd4 Content“), some of which is owned by ARTd4 (“ARTd4 Content“), and some of which is made available under license by a third party (“ARTd4 – licensed Content“). ARTd4 authorizes you to download, view and print “ARTd4-owned Content” solely for your personal use in visiting the Services and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For ATRD4-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 Services where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such ARTd4-licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ARTd4 or its licensors, except for the licenses and rights expressly granted in these Terms.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights; (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, products or substances.
- Use, display, mirror or frame the Site, or any individual element within the Site, ARTd4 name, any ARTd4 trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ARTd4 express written consent;
- Access, tamper with, or use non-public areas of the Site, ARTd4 computer systems or network, or the technical delivery systems of ARTd4 providers;
- Attempt to probe, scan or test the vulnerability of any ARTd4 system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ARTd4 or any of ARTd4 providers or any other third party (including another user) to protect Site, ARTd4 Content or Member Content;
- Attempt to access or search Site, ARTd4 Content or Member Content or download ARTd4 Content or Member Content from the Site 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 ARTd4 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 a ARTd4 trademark, logo URL or product name without ARTd4’s express written consent;
- Use Site, ARTd4 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 Site, ARTd4 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, ARTd4 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 from other users of the Site 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.
ARTd4 will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ARTd4 may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that ARTd4 has no obligation to monitor your access to or use of the Site or to remove any Member Content, but has the right to do so for the purpose of operating the Site, 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. ARTd4 reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works of Art or Digital Works, ARTd4 Content or any other text, graphics, images, software, music, audio, video, information or other content or material that ARTd4, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.