ARTd4 upholds all copyrights laws and we expect all of our users to do the same. We reserve the right to terminate Members or Account Holders who have been found to infringe the rights of any copyright holders.
Before using our website, you are hereby requested to read through these terms carefully. The terms also imply an agreement to subject you to mandatory arbitration, which is to be taken as an agreement to binding you to individual arbitration rather than pursuing a case in court. Furthermore, these terms also include a class action waiver, whereby you agree to submit to individual dispute arbitration rather than as part of a class action. These rules also entail a jury waiver.
Through the use of our services, you acknowledge that you have read and agreed to these terms. The use includes purchasing, selling or posting your work onto our website. If you do not agree to these terms you cannot use this website.
Listing Your Original Works of Art on the Website
As a Member, you have the right to submit your work that you have created and which you wish to sell with our services. You cannot submit work by another artist as your own under any circumstance. For your listings to be approved you will have to provide ARTd4 with all the information that we require and you must comply with our requirements as specified.
If you wish to put up your art up for sale, you must send in your Original Work of Art with your government issued ID or similar form of ID. All of your listings must comply with our content guidelines. ARTd4 has the right to edit listings such that they comply with our guidelines. With the use of our website, you also acknowledge that your listings might not necessarily be seen by keywords or category for up to 24 hours.
You also acknowledge that we reserve the right to market any Original Work of Art through the use of sales promotions and discounts. These discounts will apply to the listing price of the piece. You will always have the right to remove your Original Works of Art from our listings.
Responsibility for Works
With the use of our website, you also agree that you hold all the responsibility for any Original Work of Art you put up on our website. As such you offer guarantees that:
- i) You are the actual creator of the Original Piece of Art in our listing and therefore the sole owner as well.
- ii) None of the work you present violates any copyrights or intellectual rights of third party owners. Nor does your listing violate any laws or regulations relating to ownership of the Original Work of Art.
Once you have submitted an Original Work of Art in our listings, you hereby accept ARTd4as a non-exclusive dealer with the right to resell your work. You also grant ARTd4 the right to make these sales through online channels and also give us the following authority:
- i) To reproduce and display these copies through our sales channels.
- ii) To alter the piece for sales purposes.
You also agree that these rights are royalty free and any compensation you receive will be based on the commissions from sales of your work through our sales channels.
If your Original Work of Art are sold through a third party, then the terms and conditions of the third party website will apply to that sale. However, this will only apply to the art pieces sold through third party websites and not to sales made through ARTd4itself.
ARTd4 and/or any associated third party services take responsibility to collect billing and shipping information from any purchasers through our services. For any sales made through third party websites, the associated services for the website will be responsible for collecting billing and shipping information. The payments will then be remitted to ARTd4 as agreed upon by us and the third party website. This will also include collection of the purchasers contact detail and any other relevant pieces of information pertaining to the sale.
As pertaining solely to Original Works of Art, ARTd4 will provide you with the names and addresses of the purchaser. Until we ourselves instruct otherwise in writing, you have sole responsibility for shipping the purchased art piece to the buyer. To facilitate your shipping needs, ARTd4 will provide information on our preferred shipping services and with whomever we maintain accounts.
If you use our website, you agree to send ahead the art piece within 7 days after the date of the purchase (also known as the shipping period). If you do not ship the Original Work of Art within the Shipping Period, then the purchase shall be cancelled. If you ship the Original Work of Art through one of ARTd4 shipper accounts, we shall take responsibility of the payments arising from the shipment. However, you will also be held responsible for providing the correct shipping weights, dimensions and the addresses to ARTd4. If this information does not match the actual details, you shall be penalized through a deduction in the form of shipping costs from your payments. If you ship through a non ARTd4 shipping service, you will be responsible for all the shipping costs. You will be reimbursed by ARTd4 to the amount that we or our third party associated charge the purchaser for shipping.
For any sales made through our online sales channels, ARTd4 will credit your accounts based on the applicable pricing and commission terms. You shall receive your payment one the duration of the expiration date has been completed. Assuming any sales are made through third party websites, you shall receive payments within a reasonable amount of time once the third party website has confirmed receiving the payment for the sale, a time frame determined solely on the discretion of ARTd4.
You also formally agree to accept and comply with the ARTd4 return policy as it applies at the time. These terms and conditions apply to any and all sales of Original Works of Art.
You have the right to ask ARTd4 to transfer all payments to your accounts according to the ARTd4 payment schedule. If and when your terms are cancelled as signified by the termination of your accounts and membership, ARTd4will transfer all remaining payments to your account.
Should you choose to remove any Original Works of Art from our listings, the licenses you grant to ARTd4 to produce, sell and distribute these works of art will also be terminated as of the moment the Original Work of Art is removed from our listings. However, these rights shall remain in effect in the situation that ARTd4 or any associated third parties have to fulfill any orders accepted by the same for the Original Works of Art that you remove. You also agree to the fact that the rights you have granted to ARTd4 for the purposes of promoting ARTd4 will remain in full effect until the time when these promotional tactics, involving your Original Work of Art are concluded.
Assuming that you are a Member, who has submitted an Original Work of Art to the ARTd4 listing, in the situation that you are contacted by a member with regards to purchasing your Original Work of Art, you cannot, under any circumstance engage in a transaction involving the listed Original Work of Art independent of ARTd4.
RESALE TERMS AND CONDITIONS
The option to resale the Original Work of Art is clearly shown and available on all pieces of sold Original Pieces of Art. In the event that an offer is made on works of art that have been purchased by you, the relevant ARTd4 representatives will get in touch with you through email with details of the offers that have been made. These details will include the amount that has been offered and instructions on how you should proceed with the sale if you find that the amount is sufficient to you as capturing the true value of the piece and matches your desire to make the sale. In the event that you do not wish to make a sale based on the terms that have been offered to you, you have the right to decline the offer. Should you choose to accept the offered terms, members of the ARTd4 team will be in touch to help you process and finalize the sale to the extent that you have received payment for your resold work of art.
- Your earnings will be equal to a portion of the commission that the artist received for having made a successful sale.
- You have the sole responsibility for the packaging, labeling and all the logistics associated with the shipping procedure. This includes managing the pick-up and drop-off with your chosen courier. ARTd4 also facilitates the shipping process by giving any sellers access to our couriers. You will be held responsible for shipping off the artwork in the exact same conditions as have been agreed upon with your buyer and with our advisory team who shall assist you with the selling process pertaining to your work of art
- In addition to the piece itself, you must ensure that you also submit a certificate of authenticity to ensure that you are in fact shipping ahead an Original Work of Art as produced by the creator of the Art piece.
In case you are an official artist who is making a sale through the ARTd4 sales platforms, you will be guaranteed to receive a commission on any sales that you make. This also extends to the resale of your Original Works of Art; bear in mind that this commission will have the amount paid to the seller deducted from it.
- As an artist, you will not be made aware of the resale transaction until the passage of the return policy duration that extends till 7 days after the Original Work of Art has been delivered. This is to ensure that the purchase meets the new buyer’s expectations and is not in any way damaged or altered.
- Once the return period of 7 days has passed, you will be eligible for a commission payment and you shall be notified of your payments through email.
The services and the content on ARTd4 is protected by trademark, copyright and similar laws across the United States and any foreign countries. Until and unless the terms expressly specify, all the pieces of work found on ARTd4 are owned by ARTd4 and its licensors. This includes all the rights, title and interest in and to the services, intellectual property rights and any other form of ownership laws as they may apply to the Original Works of Art that have been listed with ARTd4.
In the event that ARTd4 fails to enforce the rights and the provisions of these terms, this does not in any way imply a waiver of the future enforcement of the terms and provisions include in the aforementioned terms of service. Any waiver pertaining to the enforcement of these terms will only be applicable under the circumstance that ARTd4 expressly provides such a waiver in writing and is authorized by the relevant authorities for ARTd4. Until and unless these terms mention the application of the remedies to any party, these will be applied without prejudice to any parties involved in any violations of the terms that have been set out. In case, for any given reason, a court belonging to a relevant jurisdiction finds these terms to be invalid or inapplicable to any situation, the terms in question will be applicable to the maximum effect to the fullest extent possible as allowed by any courts of law that may have jurisdiction over these terms.
For any questions about these Terms, please contact ARTd4 at: 708 3rd Avenue, 6th Floor suite 52, New York City NY10017.