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Last Updated: February 2022<\/p>\n
Artloca Limited, a privately owned company. (\u201cArtloca<\/i><\/b>\u201d \u201cwe<\/i><\/b>\u201d or \u201cour<\/i><\/b>\u201d) provides a service for viewing, selling and purchasing original and editioned works of art and commercially exploiting digital images of works of art through our website, accessible at www.artloca.com (the \u201cSite<\/i><\/b>\u201d) or mobile application (the \u201cMobile Application<\/i><\/b>\u201d) together with any services, software, tools, features or functionality made available by Artloca (each, a \u201cService<\/i><\/b>\u201d and collectively, the \u201cServices<\/i><\/b>\u201d).\u00a0<\/span><\/p>\n Artloca is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service<\/span><\/a> (\u201cPayment Terms<\/b>\u201d).<\/p>\n Our Mission<\/b>.<\/p>\n Our mission is to showcase the beauty, diversity and spectacle of planet Earth through Artist\u2019s perspectives. Artloca celebrates the talent of our community of artists who are inspired by the world we live in. From photographs to cartographers, to paintings to prints, users will be able to browse millions of artwork listings to find the ones of the locations special to them. Learn more about an artwork by reviewing the description and photos, the Sellers profile, and past Customer reviews.<\/p>\n Please read carefully the following terms and conditions (\u201cTerms<\/i><\/b>\u201d) and our Privacy Policy, which may be found at www.artloca.com\/privacy<\/span><\/a> (the \u201cPrivacy Policy<\/i><\/b>\u201d). These Terms, the Privacy Policy, and any other policies linked to herein, govern your access to and use of the Services, and constitute a binding legal agreement between you and Artloca.<\/p>\n Certain areas of the Services and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services or for access to specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services.<\/p>\n PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, YOU MAY DO SO PROVIDED YOU FOLLOW THE PROCEDURES SET FORTH BELOW IN THE SECTION ENTITLED \u201cAGREEMENT TO ARBITRATE\u201d. THE DISPUTE RESOLUTION SECTION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY IRRESPECTIVE OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS.<\/b><\/p>\n YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SERVICES OR BY POSTING ANY CONTENT ON THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.<\/p>\n If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, \u201cyou\u201d and \u201cyour\u201d will refer and apply to that company or other legal entity.<\/p>\n Modifications to these Terms<\/b><\/p>\n Artloca reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the \u201cLast Updated Date\u201d. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back regularly to review these Terms.<\/p>\n Modifications to the Services<\/b><\/p>\n We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any Works of Art (as defined below), Digital Works (as defined below), Editioned Works (as defined below) Artloca Content (as defined below) or Member Content (as defined below) from the Services at any time without notice to you, including the removal of any works of art or content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.<\/p>\n Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by applicable local, state, federal or international laws, regulations, or statutes. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.<\/p>\n Eligibility<\/b><\/p>\n The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.<\/p>\n Artloca\u2019s Role<\/b><\/p>\n We offer a platform that enables Users\/Members to publish, offer\/sell, search for, and buy artworks. When Members make or accept a purchase, they are entering into a contract directly with each other. Artloca is not and does not become a party to or other participant in any contractual relationship between Buyers and Sellers. Artloca is not acting as an agent for any Member except for where Artloca Payments acts as a collection agent as provided in the Payments Terms. While we work hard to ensure our Members have great experiences using Artloca, we do not and cannot control the conduct or performance of Buyers and Sellers and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Services or (ii) the truth or accuracy of any Listing descriptions, Reviews, or other Content provided by Members. You acknowledge that Artloca has no general obligation to monitor the use of the Artloca Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Artloca Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members\u2019 compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don\u2019t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a User\/Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting our customer service<\/span><\/a>. Members agree to cooperate with and assist Artloca in good faith, and to provide Artloca with such information and take such actions as may be reasonably requested by Artloca with respect to any investigation undertaken by Artloca regarding the use or abuse of the Artloca Platform.<\/p>\n <\/b><\/p>\n Account Registration<\/b><\/p>\n In order to list a work on the Services or to make a purchase through the Services, (other than users who utilise the guest checkout option), you must first create an account (\u201cAccount<\/i><\/b>\u201d) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilising our guest checkout option you will become a \u201cMember<\/i><\/b>.\u201d You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete, for example if you become VAT registered. Artloca reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions. You will immediately notify Artloca of any unauthorised use of your Account.<\/p>\n You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Artloca if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Artloca Account.<\/p>\n Your Account with Artloca<\/b><\/p>\n You\u2019ll need to create an account with Artloca to use some of our Services. Here are a few rules about accounts with Artloca:<\/p>\n A. You must be 18 years or older to use our Services.<\/p>\n B. Be honest with us. Provide accurate information about yourself. It\u2019s prohibited to use false information or impersonate another person or company through your account.<\/p>\n C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone\u2019s intellectual property rights, or otherwise violates the Terms.<\/p>\n D. You’re responsible for your account. You\u2019re solely responsible for any activity on your account. If you\u2019re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you\u2019re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.<\/p>\n E. Protect your password. As we mentioned above, you\u2019re solely responsible for any activity on your account, so it\u2019s important to keep your account password secure.\u00a0<\/span><\/p>\n F. Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Artloca.<\/p>\n Privacy<\/b><\/p>\n See Artloca\u2019s Privacy Policy at www.artloca.com\/privacy<\/span><\/a> for information and notices concerning Artloca\u2019s collection and use of your personal information.<\/p>\n Seller Terms and Conditions<\/b><\/p>\n Listing on Artloca<\/b>.<\/p>\n Seller<\/b>. As a Seller, Artloca offers you the opportunity to share your artwork, with our vibrant community of Users and potential buyers. It\u2019s easy to create an artwork listing\/s and you are responsible pricing, describing and shipping your artwork Listing.<\/p>\n Contracting with Buyers<\/b>. When you accept a purchase request, through the Artloca Platform, you are entering into a contract directly with the Buyer, and are responsible for delivering the Artwork under the terms and at the price specified in your Listing. You are also agreeing to pay applicable Artloca’s commission<\/span><\/a> (and applicable taxes<\/span><\/a>) for each purchase. Artloca Payments will deduct amounts you owe from your payout.\u00a0<\/span><\/p>\n Independence of Sellers<\/b>. Your relationship with Artloca is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Artloca, except that Artloca Payments acts as a payment collection agent as described in the Payments Terms. Artloca does not direct or control your Art listings and you understand that you have complete discretion whether and when to provide artworks and at what price and on what terms you list them.<\/p>\n Managing Your Listing<\/b>.<\/p>\n Creating and Managing Your Listing<\/b>. The Artloca Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your artwork or product, your price, other charges like framing and shipping etc. You are responsible for your acts and omissions as well as for keeping your Listing information (including availability) accurate at all times.\u00a0<\/span><\/p>\n Know Your Legal Obligations<\/b>. You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Listing. You are responsible for handling and using personal data of Buyers and others in compliance with applicable privacy laws and these Terms, including our Privacy Standards<\/span><\/a>. If you have questions about how local laws apply you should always seek legal advice.<\/p>\n Search Ranking<\/b>. The ranking of Listings in search results on the Artloca Platform depends on a variety of factors, including these main parameters:<\/p>\n Search results may appear different on our mobile application than they appear on our website. Artloca may allow Sellers to promote their Listings in search or elsewhere on the Artloca Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any) and how we identify promoted Content can be found in our Help Center<\/span><\/a>.<\/p>\n <\/b><\/p>\n Your Responsibilities<\/b>. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to process an order in providing your Seller Services. You are responsible for setting your price of your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Artloca Platform except those expressly authorised by our Offline Fee Policy<\/span><\/a>. Do not encourage Buyers to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Artloca Platform in violation of our Off-Platform Policy<\/span><\/a>.<\/p>\n You acknowledge and agree that you are solely responsible for all Works of Art and Digital Works that you make available through the Services. Accordingly, you represent and warrant that: (i) as to Works of Art that you make available through the Services, you are the creator or consignee of all such Works of Arts and you are the sole and exclusive owner or have permission from the owner to sell all such Works of Art; (ii) as to Digital Works that you make available through the Services, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to Artloca the rights in such Digital Works as contemplated under these Terms; and (iii) neither the Works of Art nor Digital Works that you make available through the Services nor Artloca\u2019s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party\u2019s 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, or result in the violation of any applicable law or regulation.<\/p>\n Selling as a Gallery<\/b>. If you work with an art gallery or sell artwork as part of a team, business or other organisation, the entity and each individual who participates in providing these Services, is responsible and liable as a Seller under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorised to enter into contracts for and bind your team, business or other organisation, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorised to perform those functions.<\/p>\n <\/b><\/p>\n Listing Works on the Services<\/b><\/p>\n As a Member, you may submit listings of works of art you have created and that you desire to sell through the Services. You may not submit listings for Works of Art that were created by another artist without permission via consignment or other written agreements.<\/p>\n In order for your listings to be accepted, you must provide Artloca with all the information requested by Artloca and you must comply with any other Artloca requirements as identified to you. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing Artloca with a copy of a government-issued ID, tax identification, VAT ID, or similar documentation and information. Your listings must be accurate and complete and comply with Artloca\u2019s then-current listings content guidelines, which are available at www.artloca.com\/guidelines<\/span><\/a>. Artloca reserves the right to edit any listings to ensure that they comply with these guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours or more in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation location, title, keywords and price.<\/p>\n You acknowledge that Artloca reserves the right to promote and market Works of Art through the use of sales and\/or discounts. The sale or discount amount will apply to the listing price of Works of Art and\/or Printed Works (defined below) relating to the Digital Works. You always retain the right to remove an Artwork listing from the Services – please see below for instructions.<\/p>\n If you want to remove a listing for a Work of Art or from the Services you must go to your account, click on the image you want to delete and then click on Delete and follow the steps set forth on that page.<\/p>\n Online Sales<\/b><\/p>\n If you submit listings for Works of Art, you are selling such Works of Art through the Services and on third party websites and sales channels (collectively \u201c<\/i>Online Sales<\/i><\/b>\u201d<\/i>) and you hereby grant Artloca a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Works of Art sales via the Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting Artloca, the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of an Work of Art via the Online Sales channel.<\/p>\n If you submit listings for Digital Works, you will permit Members and other third parties to purchase fine art reproductions of the Digital Works (collectively, \u201cPrinted Works<\/i><\/b>\u201d) through a print-on-demand service.<\/p>\n If you submit listings for Digital Works, you hereby grant Artloca a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, modify (as appropriate in connection with the print-on-demand services and shipping of Printed Works), reproduce, distribute, publicly perform and publicly display the Digital Works to Members and other third parties via Online Sales and through other offline channels (\u201c<\/i>Offline Sales<\/i><\/b>\u201d<\/i>); and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Digital Works in any form, medium or technology now known or later developed, for the purpose of promoting Artloca and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of a Digital work via Online Sales channels and Offline Sales channels. Artloca may appoint one or more third party subcontractors, who may exercise the license rights above for the purpose of enabling Artloca to process and fulfil orders for Printed Works.<\/p>\n If an Original Work of Art and\/or Printed Works are sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable purchaser via the third party website. However, as between you and Artloca, these Terms will apply to the sale of such Original Work of Art and\/or Printed Work.<\/p>\n Artloca and\/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or Artloca\u2019s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between Artloca and the third party website or Artloca\u2019s Offline Sales partner, as applicable, to Artloca and share related shipping information, including the contact details of the purchaser where necessary, with Artloca.<\/p>\n For Original Works of Art only, Artloca will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Artloca, you will be responsible for shipping the purchased Original Work of Art directly to the purchaser. Artloca will provide you with information regarding its preferred shippers with which Artloca maintains an account. You agree to ship the purchased Original Work of Art to the purchaser within seven (7) days following the date of purchase (the \u201c<\/i>Shipping Period<\/i><\/b>\u201d<\/i>). If you do not ship the purchased Original Work of Art to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled. If you ship the purchased Original Work of Art via a Artloca preferred shipper account, Artloca will be responsible for the cost of shipping. You are responsible for providing accurate shipping weight, shipping dimensions and shipping address to Artloca if you are using a Artloca preferred shipper. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, Artloca (after providing documentation) reserves the right to deduct the resulting increased shipping costs from your Artist Revenue Share (defined below). If you do not ship the purchased Original Work of Art via an Artloca preferred shipper or if you pay for the cost of shipping yourself, Artloca will reimburse you for the amount you paid for shipping, up to the amount that Artloca or the third party website charged the purchaser for shipping.<\/p>\n For sales of Original Works of Art via the Online Sales channels, Artloca will credit your Account in an amount to be determined in accordance with Artloca\u2019s then-current standard pricing and revenue share terms. (The \u201cArtist Revenue Share<\/i><\/b>\u201d); for sales of Original Works of Art via the Services, subject to Artloca\u2019s receipt of confirmation of delivery to the purchaser, Artloca will credit your Account with the corresponding Artist Revenue Share following the expiration of the return period and for sales of Original Works of Art via third party websites, Artloca will credit your Account with the corresponding Artist Revenue Share within a commercially reasonable time after it has received payment from the third party website and the Original Work of Art has been confirmed to have been successfully delivered to the purchaser, as determined by Artloca, in its sole discretion.<\/p>\n You agree to comply with the terms and conditions of Artloca\u2019s then-current Return Policy that are applicable to any Original Works of Art that are sold through the Services.<\/p>\n For sales of Printed Works via Online Sales and Offline Sales, Artloca will credit your Account visible in the Sales Dashboard with the applicable Artist Revenue Share as set forth in Artloca\u2019s then-current standard pricing and revenue share terms.<\/p>\n You will have the right to request Artloca to remit the Artist Revenue Share in your Account in accordance with a Artloca-designated payment schedule. Upon the termination of these Terms or cancellation of your Account, Artloca will remit to you the remaining balance of Artist Revenue Shares in your Account, if any.<\/p>\n If you remove a listing for a Digital Work from the Services, the license rights granted by you to Artloca with respect to such Digital Work will terminate as of the date the listing is removed, except that such license rights will survive and remain in effect for as long as necessary for Artloca and its third-party subcontractors to fulfil any in-progress orders for such Printed Works and for any orders for such Printed Works accepted by Artloca or its third-party subcontractors or its Online Sales partners via third party websites and its Offline Sales partners prior to or as of the effective date of termination. In addition, you acknowledge and agree that the license rights granted by you to Artloca with respect to using such Digital Work to promote Artloca, the Services will remain in full force and effect for only as long as necessary for Artloca to fulfil any current obligations that require using the Digital Work for such promotional purposes.<\/p>\n Commission\u00a0<\/span><\/b><\/p>\n If you sell an original work, Artloca will receive a 20% commission on the final sale price. If a promotional discount code is offered, the discount will be deducted from the price of the artwork and the 80\/20 commission split will then be calculated. (See below for more information on Promotional Discounts)<\/p>\n For open edition prints, artists are entitled to 80% of the profit on each sale.<\/p>\n If you sell a Limited Edition Print through Limited by Artloca, artists are entitled to 50% of the profit on each sale. *Profit is calculated from the final sale price minus the costs of production.<\/p>\n\n