1. Accepting these Terms
The Terms are a legally binding contract between you and ARTOVERT.
This contract sets out your rights and responsibilities when you use the services provided by ARTOVERT. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
2. Those Other Documents We Mentioned
ARTOVERT’S Services connect people around the world to make, sell and buy art. Here’s a guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
Our Seller Policy If you list any arts for sale through our Services, these
3. Your Privacy
4. Your Account with ARTOVERT
You’ll need to create an account with ARTOVERT to use some of our Services. Here are a few rules about accounts with ARTOVERT:
A. You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
B. Choose a nice username. A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates the Terms.
C. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. Your account is not transferable.
D. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure
E. These Terms don't create any agency, partnership, joint venture, employment or franchisee relationship between you and ARTOVERT.
Content that you post using our Services is your content. We don’t make any claim to it. That includes anything you post using our Services (like usernames, gallery names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. Permission to Use Your Content. By posting Your Content through our Services, you grant ARTOVERT a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help ARTOVERT function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your art.
C. Rights You Grant ARTOVERT. By posting Your Content, you grant ARTOVERT a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote ARTOVERT, your ARTOVERT gallery, or the Services in general, in any formats and through any channels, including across any ARTOVERT Services or third-party website or advertising medium – this is in order for us to keep ARTOVERT going. EG: if you upload a photo of a listing on your ARTOVERT gallery, first, we have permission to display it to buyers, and then, we can resize it so it looks good on different platforms; if you post a beautiful photo of your latest painting, we can feature it on our homepage, in one of our blogs or even on a flyer to help promote your business and ARTOVERT’s.
D. Reporting Unauthorised Content. ARTOVERT has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
E. Inappropriate, False or Misleading Content. There are certain types of content we don’t want posted on ARTOVERT’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Artworks Policy or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
6. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
- ¥ A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your gallery requires; you may not sell anything that violates any laws; and don’t commit fraud, theft or any other crimes against ARTOVERT, another ARTOVERT user or a third party.
- ¥ B. Pay Your Bills. You are responsible for paying all fees that you owe to ARTOVERT. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Your fees, bills, taxes and how you can pay them are fully explained in our Fees & Payments Policy.
- ¥ C. Don’t Steal Our Content. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
- ¥ D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- ¥ E. Follow Our Trademark Policy. The name “ARTOVERT” and the other ARTOVERT marks, phrases, logos and designs that we use in connection with our Services, are trademarks.
- ¥ G. Talking to Us Online. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies and that your electronic agreement is the same as your signature on paper.
Termination By You. You may terminate your account with ARTOVERT at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination and you’ll still have to pay any outstanding bills.
Termination By ARTOVERT. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, please be aware that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website or mobile apps. ARTOVERT may refuse service to anyone, at any time, for any reason.
If you or ARTOVERT terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services. ARTOVERT reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
8. Warranties and Limitation of Liability
Art You Purchase. You understand that ARTOVERT does not create, store or inspect any of the arts sold through our Services. We provide the venue; the arts in our marketplace are produced and sold directly by independent sellers, so ARTOVERT can't and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an art you purchase must be brought directly against the seller of the art. You release ARTOVERT from any claims related to arts sold through our Services, including for defective arts, misrepresentations by sellers or arts that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. ARTOVERT is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
| Warranties. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither ARTOVERT, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall ARTOVERT’s aggregate liability for any damages exceed the greater of fifty (£50) £ Sterling or the amount you paid ARTOVERT in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
If ARTOVERT gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend ARTOVERT and hold us harmless from any legal claim or demand (including reasonable legal fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
10. Disputes with Other Users
If you find yourself in a dispute with another user of ARTOVERT’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our website we will attempt to help to resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. ARTOVERT has no obligation to resolve any disputes.
Release of ARTOVERT. You release ARTOVERT from any claims, demands and damages arising out of disputes with other users or parties.
11. Disputes with ARTOVERT
If you’re unhappy with us hopefully we can resolve your complaint. But if we can’t, then these rules will govern any legal dispute involving our Services:
A. UK Governing Law. The Terms are governed by the laws of the UK and these laws will apply no matter where in the world you live.
12. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes – so you can decide if you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
If you have any questions about the Terms, please email us at: care@ARTOVERT.com