Terms & Conditions

This Terms of Use Agreement was last updated on 27 August 2008. 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”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately end all usage of the Website. 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. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. Parties: 1. Kos Internet Services SL incorporated in Spain with registered number B92898311 whose registered office is in Spain and 2. Website Visitors (‘Visitor’), Buyer (‘Buyers’) and Artists (‘Artist’) Definitions In this Agreement unless the context otherwise requires, the following expressions shall bear the following respective meanings: Artists Art Online reserves the right to refuse Artists. Art Online also reserves the right to remove any content uploaded by the member which it deems as inappropriate. This includes but is not exclusive to content which: •is deemed obscene, pornographic or harmful •incites hatred towards groups or individuals •infringes on the rights of others •includes malicious code •seeks to misrepresent services or goods offered by the Artists •Content uploaded and displayed may also be featured on other sections of the Website. •Art Online reserves the right to use any uploaded artwork to promote the Website. •Art Online is not liable for any Copyright infringements. •Art Online reserves the right to collect and publish Visitors and Buyers feedback. Selling artwork through Art Online Artists may sell art through our Website for free. Art Online is not involved or liable for any transactions between the Artist and Buyer. Artists are expected to follow Art Online’s Code of Conduct. Failure to do so can lead to suspension of the Artists account. 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, or permit the disclosure, to any third party any confidential information about the Artist. Title and Intellectual Property Rights The Artist assures and represents that they have created the content and possess the title to all content the Artist has sent to Art Online for display on the Website. 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. Purchasing artwork through the Website Visitors 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 either by the Buyer submitting an expression of interest form for the artwork in question or making a purchase using the Artist’s Pay Pal account using the ‘Buy now button’. In either case the Website accepts no responsibility for the completion of the sale. Art Online is not involved with any sales transactions. Disclaimer Art Online does not guarantee that the service will: • Be free from errors • Be uninterrupted and free from occasional downtime • Display automatically all content uploaded by the Artist Art Online does not accept liability for any loss or damage that users may suffer as a result of using any part or function of the Website including as a result of downtime or technical problems with the Website. 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. Amendments No amendment or variation of the terms of this Agreement shall be effective until the Artist is notified of such amendments or variations. 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 Display of artwork by Artists on Art Online may be terminated by Art Online at anytime without notice. Artists who want to terminate their artwork display on Art Online must do so by email. Modifications and Interruption to Site Art Online reserves the right to modify or discontinue the Website with or without notice to the Artist / Visitor / Buyer. Art Online shall not be liable to Artists / Visitors / Buyers or any third party should Art Online exercise its right to modify or discontinue the Website. Artists / Visitors / Buyers 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. Indemnity The Artist, Visitor and Buyer (whether or not this Agreement has expired or been terminated) will at all times indemnify and keep fully indemnified the Website from and against any actions, claims, proceedings, loss, costs, expenses (including costs and expenses in defending such a matter and its proper compromise) and demands arising directly or indirectly out of or incidental to or in connection with any breach by or on behalf of the Artist, Visitor and Buyer of its obligations under this Agreement. 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, UNTER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. Art Online Agreement The Artist appoints the Website as its non-exclusive agent for any Work(s) of Art uploaded to their space upon the terms and conditions set out in this Agreement. Consignment The Artist using Art Online to promote their artwork shall upload good quality reproductions of their work using the Artist Application Form. Art Online reserves the right to reject an image or text uploaded by the Artist. Authority The Artist authorizes the Website to: •advertise and market the Work(s) of Art on the Internet; •Art Online is not involved with the sale of artwork between an Artist and Buyer. •The Artist is responsible for any negotiations with Buyers to sell Work(s) of Art. 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. Sale of artwork Artists may sell artwork directly to Buyers in the following ways: 1.The Buyer initially contacts the Artist by completing an expression of interest form which is sent directly to the Artist. The Artist can then deal with the Buyer directly. 2.The Buyer submits payment for the artwork directly to the Artist using the Artist’s Pay Pal account. Art Online will accept no responsibility for any sales undertaken directly between the Artist and Buyer. This relates to both 1 and 2 above. 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 notify Art Online in order to update the Website. The Artist shall notify Art Online of any artwork returns.