Originalartmarket.com (the “Site”) is a digital gallery allowing artists to take full control of the showcasing and sale of original art (“Piece”). The Site offers users (“user”, “you” or “your”) the ability to both buy and sell original Pieces on an organized and secure platform.
Acceptance and Binding Agreement
The Site is owned and operated by Original Art Market Inc. (hereinafter referred to as “OAM”, “we”, “us” or “our”). These terms of use (“Terms”), our Privacy Policy, and any other rules or regulations we may post on the Site from time to time (collectively “Terms and Policies”) govern your use of the Site and the content available therein. Our Terms and Policies constitute a binding electronic contract that establishes the legally binding terms all users must accept to use the Site. Please fully read the Terms and Policies as they contain important information about your rights and responsibilities. By accessing and using this Site you acknowledge that you have read, understood and fully agree to be bound by the Terms and Policies. If you do not agree to our Terms and Policies, please stop using this Site immediately.
Amendments
Our Terms and Policies may be amended by us from time to time, and such amendments will become effective upon posting the same on the Site. We shall notify you of such amendments through notices on the Site, by email or by both. Your continued use of the Site following such notice shall constitute acceptance of said amendments. We advise you to revisit our Terms and Policies from time to time, as your continued use following amendment will still constitute your acceptance to said amendments, notwithstanding your failure to receive or read any notification of the same.
Purchase and Sale
The Site is a platform for the showcase and purchase and sale of original Pieces, directly by the artist. We are an intermediary in any commercial transaction that occurs on the Site, and do not act as a lawful agent to either the purchaser or seller in any transaction.
All users must be at least 18 years of age to use the Site. You agree that the relationship between you and OAM is that of an independent service provider, and nothing contained in our Terms and Policies shall be regarded or construed as creating any relationship whether by way of partnership, joint venture, or agency relationship) between you and OAM.
We make no guarantees, representations or warranties on any Piece displayed by any user, or on any content published by any user on their profile, such as availability or authenticity of a Piece.
Users selling on the Site (“Seller”) represent and warrant that:
a) all Pieces are wholly the original work of the Seller and are free from any and all claims and encumbrances;
b) the Seller has the full authority to use the Site and to sell Pieces on the Site;
c) neither a Piece or any content published on the Seller’s profile shall infringe or violate the intellectual property rights, privacy rights, or any other rights of any person or entity;
d) all content published on the Seller’s profile is true, and does not contain libelous, defamatory or dangerous remarks.
By creating a profile and uploading images and content, including but not limited to images of the Pieces on the Seller’s profile (“Seller Content”), the Seller grants OAM a licence to display or publish the Seller Content for lawful purposes related to the Site, including but not limited to advertising and marketing the Site services. Our licence to the Seller Content shall terminate upon the deactivation of your account, or upon your written request, whichever occurs first.
Sellers are responsible for collecting and remitting all relevant taxes and duties applicable to their home jurisdiction.
We charge a percentage fee (“Fee”) on all Pieces sold through the Site. Our Fee is calculated on the total pre-tax cost of the Piece set by the Seller, including applicable shipping costs.
Purchasing users (“Purchaser”) acknowledge and agree that the explicit terms of purchase and sale of any piece shall be subject to those published on the Seller’s profile. Purchasers are encouraged to read all content and specifications on the Seller’s profile prior to purchasing.
Cancellation and refunds shall be subject to each Seller’s individual policy.
If however payment has been processed but the Artist has not provided us with proof of shipment within 72 hours of the purchase, payment will be automatically refunded in full and the transaction cancelled.
Shipping shall be in accordance with our shipping practices and polices, as amended from time to time.
Unauthorized Use of Site
You are not permitted to use the Site:
a) in any unlawful, fraudulent, or commercial manner, or any other manner prohibited by our Terms and Policies;
b) to upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data;
c) to send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
d) to use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
e) to interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks;
f) to attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means;
g) to harass or interfere with any other Site user’s use and enjoyment of the Site;
h) to use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site;
i) to tamper with, modify, copy without express permission, amend, make derivative or reverse engineer any part of the Site; or
j) to licence, sell, rent or lease any part of the Site.
Intellectual Property
With the exclusion of Seller Content, the Site and its contents, including all names, service marks, documents or other materials and all intellectual property and proprietary materials related thereto (the “Intellectual Property”) are the exclusive property of OAM. We grant you a nonexclusive, non-transferable, and revocable license to access and use the Site for your personal home use. No license to sell or distribute the Intellectual Property is granted or implied. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way the Intellectual Property. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices
Third-Party Links and Affiliates
We may provide links through the Site to the websites of users or other third parties. These websites are owned and operated by third parties over whom we do not have control. We have not reviewed all of the sites linked through the Site and accept no responsibility for the contents or use of third-party websites. The inclusion of any link does not imply endorsement by us of the website. Use of any such linked websites is at your own risk. Any links to third-party websites are provided for your interest and convenience only. We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third-party websites or for any acts, omissions, errors or defaults of any third party in connection with their websites.
Any third-party trademarks, service marks or other intellectual property displayed on through the Site are used with the authorization of the owner of the intellectual property, subject to their guidelines for use. We cannot authorize you to use, reproduce or modify any third-party intellectual property used on the Site, and are not responsible for any loss or damage you may suffer or incur in connection with your use of any third-party intellectual property for your own purpose.
Disclaimer
If you use the Site, you do so at your own and sole risk. The Site is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
If you access or transmit any content through the use of the Site, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions. We are not responsible for any incorrect or inaccurate content in connection with the Site. We are not responsible for the conduct, whether online or offline, of any user of the Site. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
We do not warrant that:
a) the Site will meet your requirements;
b) access to the Site will be uninterrupted, timely, secure, or error-free;
c) the quality or reliability of the Site will meet your expectations;
d) any information you provide or we collect will not be disclosed to third parties; or
e) third parties will not use your confidential information in an unauthorized manner.
Limitation of Liability
You agree that we will not be liable for any harm, injury, loss, or damages of any kind incurred by you or anyone else, including direct, indirect, incidental, punitive, special, consequential or exemplary damages, arising from, relating to, or connected with:
a) the use, reliance on, or inability to use the Site or its content;
b) the use of any affiliated or third-party websites made available or linked on the Site;
c) actions or inactions of other users or any other third parties for any reason; or
d) any other matter arising from, relating to or connected with the Site or our Terms and Policies.
You acknowledge and agree that above disclaimers and these limitations of liability are an agreed upon allocation of risk between you and OAM. You acknowledge and agree that if you did not agree to these limitations of liability you would not be permitted to access the Site. You acknowledge and agree that such provisions are reasonable and fair.
Indemnity
You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers (each an “Indemnified Party”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, lawyers’ fees and costs, investigation costs and settlement expenses incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the Site, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user of the Site or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above.
Force Majeure
We will not be liable for any failure or delay in performing under these Terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.
Termination
You acknowledge and agree that we, in our sole discretion, may terminate your access to the Site for any reason, including, without limitation, your breach of these Terms. You understand and agree that we are not required, and may be prohibited, from disclosing to you the reason for termination of your access to the Site. You acknowledge and agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your profile and bar any further access to the Site. Further, you acknowledge and agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to the Site. Upon termination, your information may be deleted or kept as necessary.
Dispute Resolution
In the event a dispute arises out of or in connection with these terms, the parties shall attempt to resolve the dispute through friendly consultation.
If the dispute is not resolved within a reasonable period then any or all outstanding issues shall be referred to mediation on notice by one party to the other, with the assistance of a neutral mediator jointly selected by the parties. If the dispute cannot be settled within thirty (30) days after the mediator has been appointed, or within such other period as agreed to by the parties in writing, either party may refer the dispute to arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre (the “BCICAC”). The appointing authority shall be the BCICAC and the case shall be administered by the BCICAC in accordance with its Rules.
General
These Terms shall be governed by, and construed under, the laws of the Province of British Columbia.
In the event that any portion of these Terms are held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remainder of the provisions shall remain in full force and effect.
No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right.
These Terms constitute the entire agreement between you and us with respect to your use of the Site. These Terms supersede and cancel all prior or contemporaneous discussions, writings, negotiations, and agreements whether electronic, oral, or written between you and us with respect to your use of the Site.
Contact Information
For all notices required hereunder or any questions or concerns about these Terms, please contact us at: info@originalartmarket.com.