Terms And Conditions
Artplode Terms and Conditions
Introduction
The Artplode User Agreement (the "Agreement") contains terms and conditions which apply to your use of the Artplode website, as well as your participation on the Artplode website.
By using the services on the Artplode website (i.e., artplode.com), you are agreeing to the following terms and conditions. Before you may register to use the Artplode website, you must read and accept all of the terms and conditions in this Agreement and our privacy policy. You acknowledge and agree that we may amend this Agreement at any time, and from time to time, by us posting or placing the amended terms on our website. Unless, and only to the extent, expressly stated to the contrary in this Agreement, all amended terms and conditions will automatically be effective on a prospective basis once they are posted on our site. Accordingly, you are encouraged to periodically review our terms of use for any such changes and/or amendments.
Artplode Agreement
1. Artplode is only a venue where art is offered for sale by persons other than Artplode. Artplode is neither a buyer nor seller of art.
2. Services.
We offer a website for advertising for the sale of artwork by galleries, dealers, artists and private individuals. We do not sell nor are we in any way an agent for sale. Our service allows you to browse or offer for sale artwork on our website. We are solely a passive conduit to facilitate communication between buyers and sellers of artwork. We reserve the right in our sole and absolute discretion to change some or all of our services at any time.
3. Control.
We have no control over the quality, safety, authenticity, title, provenance, description, condition, ownership or existence of the items advertised, the truth or accuracy of the listings, or the ability of the seller offering the artwork to sell or the ability of buyers to buy. We also do not represent, ensure or guarantee that a buyer or seller will actually complete a transaction. We make no representation about any art offered for sale or about any buyer or seller.
4. Compliance with Laws.
You acknowledge and agree that the use, purchase, distribution, promotion, advertising, and sale of certain artworks are subject to regulation according to law. You further acknowledge and agree that the role of Artplode with respect to the sale of artworks is limited to providing a conduit through which a prospective purchaser is able to contact the seller of artworks listed for sale on the website. Artplode does not review or evaluate the products offered for sale, or verify the descriptions given, or claims made, by sellers regarding the artworks. You expressly represent that you shall comply with all applicable laws, Acts, statutes, ordinances, and regulations relating to artwork offered for sale or purchase through Artplode .You shall at all times defend, indemnify and hold Artplode, its shareholders, members, partners, officers, directors, employees, agents, parent, subsidiaries, affiliates, joint venturers, and successors and assigns, harmless from, and against, any and all causes of action, suits, claims, demands, judgments, liabilities, losses, damages, awards, penalties, fines, costs and expenses (including, but not limited to, reasonable legal fees) of any nature or kind, arising under or resulting from: (i) your use, purchase, or distribution of artwork; (ii) your use of Artplode in connection with the purchase of any product ; and (iii) any contravention or alleged contravention of any law by you.
5. Release
Since we are not involved in the actual transactions between sellers of artwork and buyers, in the event that you have a dispute with a buyer or seller, you hereby release Artplode (and our shareholders, members, partners, officers, directors, employees, agents, parent, subsidiaries, affiliates, joint venturers, and successors and assigns) from causes of action, suits, claims, demands, judgments, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
6. Sellers
Art Galleries, Dealers, Artists and Private Individuals will list available for sale artworks which you may enquire about and purchase. Descriptions of artworks as well as photographs accompanying listings of artworks are uploaded by the seller of the artworks and are subject to change without notice. Listings of artworks may be modified or changed at any time. We do not control the information that is provided by the seller of the artwork, which is made available through our system. We also do not guarantee that Sellers comply with all applicable laws, rules, and regulations.
7. Use of Images.
Artplode has the right to use, on its website and in advertising and promotional materials, images (including photographic images) of items being offered for sale or that have been sold on its website, including images of items which have been purchased through the site.
8. Using Artplode.
While using Artplode, you shall not:
(i) violate or in any way contravene any laws, rules, regulations or third party rights
(ii) use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our site;
(iii) post false, inaccurate, misleading or defamatory content (including personal information)
(iv) distribute or post spam, chain letters, or pyramid schemes
(v) distribute viruses or any other technologies that may harm Artplode, our website , or the interests or property of Artplode users;
(vi) copy, modify, or distribute content from our sites and/or violate Artplode's copyrights and trademarks or
(vii) harvest or otherwise collect information about users, including, without limitation, email addresses, without their consent. You agree that you will not encourage or assist any third party to engage in any of the prohibited conduct set forth above. Any violation of this provision shall constitute a material breach of this Agreement and, under such circumstances, we will have the right, in our sole and absolute discretion, to prohibit your access to our site and to suspend or terminate your right to use our services.
Without limiting the above, Artplode may at any time cease to provide you with access to the Artplode website or any of its services without notice.
9. Refund Policy
i. When you have paid to list your art for sale on Artplode or purchased a display ad or subscription it cannot be cancelled.
ii. A listing or advertisement may be removed by the seller at any time AFTER publication on Artplode. All advertising fees remain payable and if paid, the seller will not be entitled to a refund.
iii. If your ad is not showing on the Artplode website within 24 hours of you making payment due to a technical issue, you may contact Artplode to request a refund.
To submit a refund request, please contact payments@artplode.com
10. Local Standards.
We do not represent that materials on the Artplode website are appropriate for use in all locations. Persons who choose to access the Artplode website do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
11. Abusing Artplode.
(i) Artplode will work to keep our site and services working properly and safely
(ii) (Please report problems, offensive content, and any policy violations to us
(iii) Without limiting our remedies, it is understood that we may limit, suspend, or terminate our services and user accounts, prohibit access to our sites, delay or remove hosted content including listings or advertisements, and take technical and legal steps to keep users off our sites if we believe that they are misusing, abusing, or interfering with the provision of our services, engaging in unlawful conduct, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
12. User Information
In the course of your use of the Artplode website, you may be asked to provide certain personal information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in our privacy policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
13. Submitted Materials
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Artplode website by e-mail or in any other way. Any materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with Artplode’s privacy policy. By submitting or sending Submitted Materials to us, you:
(iii) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party), and that any "moral rights" in Submitted Materials have been waived, and
(iv) you grant Artplode a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
14. Privacy.
Any information you provide to us, and your use of information available on our websites, is governed by our privacy policy. Any information you provide to the Sellers of artwork, advertisers on our site or other third parties is governed by their respective privacy policies. We do not sell or rent your personal information to third parties for their marketing purposes without your express consent. We use your information only as described in the Artplode privacy policy. We consider protection of our users' privacy as a high priority. We store and process your information on computers located in the United Kingdom that are protected by physical as well as technological security devices. You can access and modify the information you provide. We use third parties to verify and certify our privacy security methods. For a complete description of how we use and protect your personal information, please review the Artplode privacy policy. If you object to your information being transferred or used in this way, please do not use our services.
15. Intellectual Property/Restrictions on Use.
We reserve all rights with respect to the design and content of our website. In particular, you may not misappropriate the design or content of our sites and you may not alter or deface such design or content in any way. Nothing on our websites grants any license with respect to such design or content. All trademarks, service marks, trade names, logos, graphics, articles and other materials on our sites are protected by United Kingdom and foreign copyright, trademark and other applicable laws. In particular, all trademarks, service marks, trade names and logos displayed on our sites are proprietary to Artplode, its affiliates, or third-party owners and our websites grant no license thereto. You acknowledge that you have read, and will at all times comply with Artpode’s Intellectual Property statement.
16. Indemnity.
You will defend, indemnify and hold Artplode, its shareholders, members, partners, officers, directors, employees, agents, parent, subsidiaries, affiliates, joint venturers, and successors and assigns, harmless from, and against, any and all causes of action, suits, claims, demands, judgments, liabilities, losses, damages, awards, penalties, fines, costs and expenses (including, but not limited to, all legal fees on an indemnity basis), sought by any third party and which results from, or arises out of, your breach of this Agreement, your unlawful actions or conduct, or your violation of the rights of any third party.
17. No Warranty.
We and our suppliers provide our website and services “as is: and without any warranty or condition, express, implied or statutory. Without limiting the foregoing, we do not warrant that the Artplode website will be uninterrupted or error free, nor do we guarantee the performance of any obligations by a seller or advertiser. We and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non infringement.
You are responsible for assessing the accuracy of the listings and material on the Artplode website and rely on it at your own risk.
18. Liability Limit.
In no event will we or our suppliers be liable for lost profits or any special, indirect, incidental or consequential damages arising out of, in connection with, our site, our services, or the interruption of any data transmission, or this agreement (regardless of the form of action, whether in contract, tort, strict liability or otherwise). Our liability and the liability of our suppliers , to you or to any third party in any circumstances is limited to the greater of (i) the amount of fees you pay to us in the 12 months prior to the action giving rise to liability and (ii) GBP 50 pounds.
19. Law and jurisdiction
Terms and Conditions and any matter relating to the Artplode website shall be governed by and construed in accordance with the laws of England and Wales and any disputes arising shall be subject to the exclusive jurisdiction of the English Courts.
20. General.
(i) This Agreement constitutes and sets forth the entire agreement and understanding of the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous written or oral agreements, understandings, undertakings, negotiations, promises, discussions, warranties or covenants that are not specifically contained herein;
(ii) The headings, sections, or titles of the various paragraphs of this Agreement are inserted merely for the purpose of convenience and do not expressly or by implication or intention, limit, define, extend or affect the meaning or interpretation of this Agreement or the specific terms or text of the section so designated. All personal pronouns used in this Agreement shall include the other genders, whether used in the masculine, feminine or neuter gender, and the singular shall include the plural and vice versa, whenever, and as often as may be, appropriate.
(iii) This Agreement shall be governed in all respects, whether as to validity, construction, interpretation, capacity, performance or otherwise, by the laws of England and Wales without regard to principles of conflicts of laws.
(iv) If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, then such provision shall be deemed to be struck out and the remainder of this Agreement shall remain at all times in full force and effect. Such invalid or unenforceable provision shall, to the extent legally permitted, be replaced by a valid and enforceable provision that comes closest to the parties' intent underlying the invalid or unenforceable provision.
(v) It is understood that any accrued but unpaid financial obligations, and any other terms related to such financial obligations, shall survive the expiration or termination of this Agreement.
(vi) No waiver of any breach, privilege or provision of this Agreement will be construed as a waiver of any rights or remedies arising from any other or future breach, privilege or provision.
(vii) We may, in our sole discretion, assign or otherwise transfer this Agreement to a third party.
21. Future Terms.
Artplode may amend, modify, add or remove any of these terms and conditions at any time, and from time to time. If we do so, we will post such changes on this page. If any future changes to these terms and conditions are unacceptable to you, you should discontinue using the Artplode website. Your continued use of the Artplode website now, or following the posting of notices of any such changes, will indicate your acceptance of these terms and conditions, and of any such changes.
22. Further Enquiries
You may direct questions about these Terms and Conditions, or other issues, to:
Artplode
43 Berkley Square
Mayfair
London W1J 5FJ
United Kingdom
Attn: Website Management
