ArteVue Art App Terms & Conditions
ARTEVUE IS A PLATFORM
1. ArteVue acts as a platform to allow users to list, display, offer, sell and buy artworks on a direct basis between the owner or representative of the artwork. ArteVue’s sole involvement in the transaction between buyers and sellers on the ArteVue site is: making the connection between the ultimate seller and buyer so the sale transaction ultimately will always be between the party listing and the party wishing to buy. ArteVue has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, or the ability of sellers to sell the item. ArteVue also cannot ensure that a buyer or seller will actually complete a transaction.
2. ArteVue does not transfer legal ownership of items from the seller to the buyer.
3. ArteVue cannot guarantee the true identity, age and nationality of a user. ArteVue encourages you to communicate directly with potential transaction partners through the tools available through the Service. You may also wish to consider using a third-party escrow service or services that provide additional user verification. ArteVue is not responsible or liable for any offline interaction or transaction between buyer and seller.
4. You agree that ArteVue is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Service. You use the Service at your own risk.
TRANSACTIONS AND LISTINGS ON ARTEVUE
1. Use of the Service is free. Listing items on ArteVue is free. Any changes to the Service fees policy including any fees for ArteVue’s services are effective after ArteVue provides you with at least fourteen (14) days’ notice by posting the changes on the ArteVue site. ArteVue may, at ArteVue’s sole discretion, change some or all of the Service at any time. In the event ArteVue introduces a new service or new fees on an existing service, the fees for that service are effective at the launch of the service.
2. If ArteVue terminates a listing or your account, if you close your account, or if the payment of any Service fees, if applicable, cannot be completed for any reason, you remain obligated to pay ArteVue for all unpaid fees plus any penalties, if applicable.
3. By listing an item through the Service you warrant that you and all aspects of the item comply with ArteVue’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in the relevant listing. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. ARTEVUE MAINTAINS THE RIGHT TO TAKE LEGAL ACTION IF THE LISTING IS DESCRIBED INCORRECTLY AND HOLDS YOU LIABLE. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
4. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as:
(a) the buyer fails to meet the terms of the seller’s listing, or
(b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased to the seller, unless there is an exceptional and justifiable circumstance.
5. The price stated in each item listing description or in any communications between seller and buyer must be an accurate representation of the sale. Sellers that provide their own shipping rates may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees. You may not alter the item’s price after a sale, misrepresent the item’s location, or use another user’s account without permission.
6. ArteVue is not a shipping company and is not liable for shipping. The buyer and seller will have to independently settle shipping prices and agree on payment before a sale is processed.
7. Any agreement relating to returns shall be agreed direct between the seller and the buyer.
8. Your Content and your use of ArteVue shall not:
• Be false, inaccurate or misleading
• Be fraudulent or involve the sale of illegal, counterfeit or stolen items
• Infringe upon any third-party’s copyright, patent, trade mark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
• Contain items that have been identified (by UAE law and our sole discretion) as hazardous to consumers and therefore subject to a recall
• Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including ArteVue staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
• Be obscene or contain child pornography
• Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information• Host images not part of a listing
10. ArteVue does not claim ownership rights in your Content (defined below). You grant ArteVue a licence solely to enable ArteVue to use any information or Content you supply ArteVue with, so that ArteVue is not violating any rights you might have in that Content. You grant ArteVue a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow ArteVue to store or re-format your Content on ArteVue and display your Content on ArteVue in any way as ArteVue chooses. This includes the ability to convert into PDF format images of relevant Content for personal download and storage and in order to forward the same to third parties and other sites as part of the Gallery functionality on the Service. ArteVue will only use personal information in accordance with ArteVue’s Privacy rules.
11. As part of a transaction, you may obtain personal information, including email address and shipping information, from another ArteVue user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for ArteVue related communications. ArteVue has not granted you a licence to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any ArteVue user to your email or physical mail list. For more information, see ArteVue’s Privacy rules.
12. By posting Content on ArteVue, it is possible for an outside website or a third party to re-post that Content. You agree to hold ArteVue harmless for any dispute concerning this use. If you choose to display your own ArteVue-hosted image on another website, the image must provide a link back to its listing page on ArteVue.
13. ArteVue considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Service or otherwise (other than the Content and the tangible items sold on the ArteVue site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and ArteVue shall not be liable for the disclosure or use of such Material. If, at ArteVue’s request, any member sends Material to improve the ArteVue site (for example through any discussion forum, comments posted or to customer support), ArteVue will also consider that Material to be non-confidential and non-proprietary and ArteVue will not be liable for use or disclosure of the Material. Any communication by you to ArteVue is subject to these Term of Use. You now grant and agree to grant ArteVue, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and licence to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
BASIC TERMS AND COMMUNITY GUIDELINES
1. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
2. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, ArteVue prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to ArteVue upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
3. You agree that you will not solicit, collect or use the login credentials of other ArteVue users.
4. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
5. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
6. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
7. By submitting any Content through the Service, you represent that you are the owner of the Content, or have proper authorization from the owner of the Content to use, reproduce and distribute it. You hereby grant Artevue a worldwide, royalty-free, non-exclusive license to use the Material and the Content to promote any services.
8. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or ArteVue.
9. You must not access ArteVue’ private API by means other than those permitted by ArteVue. Use of ArteVue’ API is subject to a separate set of terms, which are available upon request.
10. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any ArteVue users.
11. You must not use domain names or web URLs in your username without prior written consent from ArteVue.
12. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any ArteVue page is rendered or displayed in a user’s browser or device.
13. You must comply with ArteVue Community Guidelines.
14. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
16. Artevue will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, Artevue does not guarantee that the Service will be free of faults, and also does not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, please contact ArteVue by Email: firstname.lastname@example.org.
17. Artevue does not give any warranty that the Service is free from viruses or anything else which may have a harmful effect on any technology.
18. Artevue reserves the right to change, modify, substitute, suspend or remove without notice any the Service from time to time. Your access to the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Artevue will attempt to restore such access as soon as reasonably can. For the avoidance of doubt, Artevue reserves the right to withdraw, suspend or stop the Service at any time.
20. Artevue will not be liable for any financial transactions you perform or attempt to perform including but not limited to any sale or purchase transactions your perform in relation to the Content that you or any other applicant submit, post or display on or via the Service under any law.
22. We make no representation that the Service is available in all countries. Wherever you access the Service from], you do so on your own initiative and we are not responsible for the consequences and for compliance with all applicable laws.
23. ArteVue’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. ArteVue may, in its sole discretion, refuse to offer access to or use of the ArteVue site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the ArteVue site is revoked in such jurisdictions.
24. Individuals under the age of 18 must at all times use ArteVue’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
26. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify ArteVue of any unauthorized use of your password or any breach of security. You also agree that ArteVue cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than ArteVue without ArteVue’s express written permission.
28. ArteVue’s services are not available to temporarily or indefinitely suspended ArteVue users. ArteVue reserves the right, in ArteVue’s sole discretion, to cancel unconfirmed or inactive accounts. ArteVue reserves the right to refuse service to anyone, for any reason, at any time.
a) Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
b) We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
c) We will only retain personal information as long as necessary for the fulfillment of those purposes.
d) We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
e) Personal information should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.f) We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
3. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
3. We reserve the right to refuse access to the Service to anyone for any reason at any time.
4. We reserve the right to force forfeiture of any username for any reason.
6. You agree that you are responsible for all data charges you incur through use of the Service.
7. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with ArteVue’ express consent).
9. Copyright Infringement on the ArteVue site. Artevue respects the intellectual property of others, and asks that our users to do the same. If therefore you believe that your work has been copied in a way that constitutes copyright infringement, please contact ArteVue by Email: email@example.com. Please include an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the Material that you claim is infringing is located on the ArteVue site; your address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner. In assessing any such claims, ArteVue will do its utmost to assess the same fairly and in a timely manner in the context of the large amount of data contained on the ArteVue site but cannot commit to any action unless the nature of any claim is clear nor in relation to the time involved in undertaking its investigations.
10. You represent and warrant that:
(ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
(iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and
11. Any material you upload to our Service or data that we collect will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, and disclose to third parties any such material or data for any purpose related to our business.
12. By posting communications (including any graphic or multimedia content) to Open Areas, you automatically grant us a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, and publicly display the communication and any trademarks, names or likenesses therein alone or as part of compilations or other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub licenses.
13. Artevue does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Artevue a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service.
15. Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.
16. Where our ArteVue site contains links to other sites and resources provided by third parties, these links are provided for your information only and click-through transactions. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You should also be aware that our terms and policies do not govern your use of those other sites or resources and you should review the applicable terms and policies, including privacy and data gathering practices. The ArteVue site will provide various services from time to time including relating to news and events information. This information will generally be provided or sourced from a third party and ArtVue cannot be responsible for the accuracy or appropriateness of the same. We have no control over the contents of the same and accept no responsibility for them or for any loss or damage that may arise from your use of or reliance upon them.
17. You may use our Service only for lawful purposes. You may not use our ArteVue site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards. You also agree not to access without authority, interfere with, damage or disrupt any part of our ArteVue site or our Service or any network or equipment used in the provision of our Service.
18. The use of the ArteVue name and logo are trademarks of Artevue and may not be copied, imitated or used, in whole or in part, without the prior written permission of ArteVue.
19. We have taken every care in the preparation of our ArteVue site and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our ArteVue site or our Service. If we are informed of any inaccuracies on our ArteVue site or in our Service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our ArteVue site, our Service, and any website linked to our ArteVue site and any materials posted on it.
22. If you have any concerns about material which appears on our ArteVue site or Service, please contact firstname.lastname@example.org.
23. Disclaimer Nothing in these terms and conditions shall limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. This Disclaimer applies from your first use of the Service. The material displayed on the ArteVue site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our subsidiaries, affiliates, officers, agents, other partners and employees and any third parties connected to us hereby expressly exclude:
a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the ArteVue site or our services or in connection with the use, inability to use, or results of the use of the ArteVue site or our services, any websites linked to it or them and any materials posted on it, including, without limitation any liability for:• Loss of income or revenue;• Loss of business;• Loss of profits or contracts;• Loss of anticipated savings;• Loss of data;• Loss of goodwill;• Wasted management or office time; and any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable)
24. Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the ArteVue application, or electronic mail transmitted to and from us, will not be monitored or read by others.
25. You will not hold us responsible for other user, member or third party actions or inactions.