This Terms of Use Agreement was last updated on December 6th 2010 This Terms of Use Agreement sets forth the standards of use of the Website at www.buy-and-sell-art.com (the “Website”) operated by Kos Internet Services (“Art Online” or “we” or “us”). By using the Website, you (“you” or the “Artist”/ “Visitor”/ “Buyer”/ “Art collector”) agree to these terms and conditions. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Website or via e-mail. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. If you do not agree to the terms and conditions of this Agreement, you should immediately end all usage of the Website. You agree to provide accurate, complete and current information about yourself. Use of the website and its services is for adults only; you must be at least 18 years old. Art Online reserves the right to remove comments, art submissions, or other contributions and content uploaded by the artist or terminate your account if it believes that you may have in any way violated this Terms of Use Agreement. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, tortuous, incites hatred towards groups or individuals, improper or otherwise objectionable, or that infringes on the rights of others or seeks to misrepresent services or goods offered by the Artists. You agree not to use the service for the transmission of junk mail, spam, chain letters, or unsolicited mass distribution of e-mail. You agree to give Art Online a non-exclusive and royalty-free worldwide license to use your artwork and other content for advertising and marketing purposes of Art Online. Art Online is not liable for any Copyright infringements. Art Online reserves the right to collect and publish Visitors, Art Collectors and Buyers feedback. Data Security Art Online will not accept responsibility for any loss or corruption of Artist’s content or personal information arising from unauthorized parties using Art Online’s Management System. Confidentiality and Privacy policy Art Online shall not at any time use in an unauthorized manner or disclose to any third party any confidential information about the Artist, Art Collector, Buyer, Visitor. Read More Purchasing artwork through the Website Visitors / Art Collectors and Artists may purchase artwork made available for sale by Artists of the Website. Visitors may deal with the Buyer directly. This may be initiated by the Buyer submitting the appropriate contact form for the artwork in question. Art Online accepts no responsibility for the completion of the sale. Art Online is not involved with any sales transactions. It is the Artist’s responsibility to ensure that details of artwork offered for sale are correct both in terms of availability and description of artwork. If a work of art has been sold, the Artist must mark the artwork as sold on the Website. Art Online will not be held liable for the artists’ conduct with buyers. Disclaimer Art Online does not accept any liability for any content published on the Website which has been provided by an Artist being copied and misrepresented by a third party. Law and Jurisdiction Each party permanently agrees to submit to the exclusive jurisdiction of the courts of Spain over any claim or matter arising under or in connection with this Agreement and waives any objection to proceedings in such Courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum. Termination Art Online reserves the right to suspend or terminate a user’s access to all or part of the service for any reason including, but not limited to, the breach of this Terms of Use Agreement. If Art Online suspects any fraudulent activity taking place with any user account such activity will be reported to the appropriate authorities. Art Online shall not be liable to you or any third party for the termination of service or any claims related to the termination of Service. Art Online reserves the right to suspend or terminate accounts that are considered inactive. Inactive accounts are those where the user has not logged into the service for a period greater than three months. Termination of an account will result in the deletion of the entire account including, but not limited to, all associated artwork pictures, descriptions and comments. Modifications and Interruption to Site Art Online reserves the right to modify or discontinue the Website with or without notice to you. Art Online shall not be liable to you or any third party should Art Online exercise its right to modify or discontinue the Website. You acknowledge and accept that Art Online does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Art Online’s control. Severability If any provision or any part of any provision of this Agreement shall be held to be illegal or unenforceable, the enforceability of the remainder of this Agreement shall not be affected. Force Majeure If either Party is affected by Force Majeure it shall promptly notify the other Party of the nature and extent of the circumstances in question. Neither Party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other, for any delay in performance or the non-performance of any of its obligations under this Agreement, to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other Party, and the time for performance of that obligation shall be extended accordingly. Limitation of Liability Art Online Shall not be liable for any damages whatsoever, and in particular Art Online shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the site or the information contained in it, whether such damages arise in contract, negligence, tort, under statue, in equity, at law, or otherwise. Consignment The Artist using Art Online to promote their artwork shall upload good quality reproductions of their work using the Artist Menu Area. Title The Artist has created the Work(s) of Art and possesses unencumbered title to all Work(s) of Art consigned by it to Art Online under this Agreement. The Artist warrants that they own all copyright in the content, or if not the owner, they have permission to use the content, and have the right to display, reproduce and sell the content. Images The Buyer agrees that the images of the Work(s) of Art on the Website are guidelines only. Art Online will accept no responsibility for differences between the Website Images and the actual Work(s) of Art. Delivery and Payment for works of art Art Online is not involved or responsible for any delivery or payments for works of art. Commission Art Online does not receive any commission for the sale of artwork. Delivery and Insurance All artwork shipments are the responsibility of the artists. Art Online is not involved with any sales transactions and therefore takes no responsibility for delivery services. The Artist and Buyer must come to a mutual agreement as to the shipping and insurance costs. Refunds and Return Policy All refund and return policies are the responsibility of the artists. Art Online is not involved with any sales transactions and therefore takes no responsibility for refunds and return policies. The Artwork Unless otherwise specifically indicated, and except for the “Printmaking” category, the Work(s) of Art are originals, executed by the Member and are certified to be free from all defects due to faulty craftsmanship or faulty materials. Details important to any sale of an artwork are accurate and are communicated accurately to the Buyer by the Artist before a sale takes place. Artists submitting artwork may not add any advertising or contact details on their artwork images and/or in the section "Artwork Description", “Artists Statement”, “Artist Biography” and “Viewers’ Comments”. Artists may only upload prints of their work under the “Printmaking” category. Artists shall not offer Prints of their work under any other category and shall not attempt to sell prints as original works of art. Art Online Art Online’s relationship to the Artist is as a promoter for the purpose of selling artwork consigned to Art Online. Risk Risk in and all responsibility for the Work(s) of Art shall remain with the Artist subject to risk passing to the Buyer / Art Collector upon delivery. Copyright and Trademark Information The Artist reserves all rights protected under copyright legislation in all Work(s) of Art purchased by the Buyer. Title to the Work(s) of Art will transfer to the Buyer upon possession. The sale of the underlying work does not include the sale of rights to reproduction in any form unless specifically granted in writing by the Artist. Copyright sales are wholly the Artist’s privilege and an entirely separate transaction and not part of the underlying sale of the Work(s) of Art. All images on the Website may not be reproduced or used in any manner without the express written permission of Art Online and, if appropriate, the relevant artist. Title and Intellectual Property Rights Save as expressly provided for in this Agreement, all patent, copyright, design right, trademarks, trade names and other intellectual property rights in or in relation to uploaded content shall remain the property of the Artist and shall not pass to Art Online. All intellectual property rights in this Website including the software, html pages, css documents, logos and graphics are owned by or licensed to Art Online. As such Visitors and Artists are prohibited from copying, distributing or reusing any of these elements without the expressed permission of Art Online. Currency ConverterArt Online is not responsible for the exchange rates on the currency converter. Art Articles Art Online cannot guarantee that articles submitted to Art Online are accurate and will thus not be held liable for any mistakes found. All written content is copyright and may not be reproduced without express written permission from Art Online.
If you submit an article, Art Online has the right to edit your article if necessary before publishing it on the site. All articles will be reviewed in advance. Art Online does not pay for any articles. Those articles which are selected will get published on Art Online and a link will be included to the author’s website.
Some articles will also get published on Art Online's Blog and/or Facebook page. Art Events Art Online cannot guarantee that art related events submitted to Art Online are accurate and will thus not be held liable for any mistakes found. If you submit an event, Art Online has the right to edit your event description if necessary before publishing it on the site. All submitted art events will be reviewed in advance by Art Online.
Postings Art Online screens messages posted by users and reserves the rights to remove any information received that it sees as unfit, without notice, in our sole discretion. You agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify Art Online immediately. Contact Us |