YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING AP OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH AP OR SERVICES OR BY POSTING ANY CONTENT ON AP, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH AP. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE AP. 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, "you" and "your" will refer and apply to that company or other legal entity.
Art Platform reserves the right, at its sole discretion, to modify, discontinue or terminate AP or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on AP or provide you with notice of the modification. We will also update the "Last Updated Date". By continuing to access or use AP after we have posted a modification on AP, 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 AP Website.
AP Website is intended solely for persons who are 18 or older. Any access to or use of AP or Services by anyone under 18 is expressly prohibited. By accessing or using AP or Services you represent and warrant that you are 18 or older.
In order to list a work on AP or to make a purchase through AP, you must first create an account ("Account") by completing our registration process. During the registration process you will be required to provide certain information. You agree to provide accurate, current and complete information during the registration process and to update such information accordingly. Art Platform reserves the right to suspend or terminate your Account if any information provided during the registration.
Upon completing the registration process, AP will take 7-10 working days to process your submission. Upon approval by Art Platform, you will become a "Member" and receive an email with login details. Your username will be your e-mail you used during registration and password will be auto-generated. You are responsible for safeguarding your password. You agree to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions.
Listing Works on AP
As a Member, you may submit listings for original works of art ("Original Works of Art") that you have created and desire to sell through AP Website. You may not submit listings for Original Works of Art that were created by another artist.
In order for your listings to be accepted, you must provide Art Platform with all the information requested on the applicable page of our Site and you must comply with any other Art Platform requirements as identified on such page. Your listings must be accurate and complete.
Art Platform reserves the right to edit any listings, especially pricing of the artworks to comply with GST, local import tax and charges by third party services. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.
You acknowledge that Art Platform reserves the right to promote and market Original Works of Art through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Original Works of Art. You always retain the right to remove a listing for an Original Work of Art from AP.
Uploading Artwork Images
You have sole responsibility on the image quality; colour, composition and lighting of the artwork(s) you submit onto AP. Do take note that the artwork images should reflect as true as possible to the original colours and composition of the artwork. As of now, AP allows an upload of up to a total of 10MB and a maximum of 5 images in the "List your Artwork" page.
Please ensure the artwork images you submit is of high resolution so as to avoid blurry images. If you need more help on your artwork images, feel free to email us at firstname.lastname@example.org. Please refer to existing artwork images that are available in AP for a clearer picture.
Responsibility for Works
You acknowledge and agree that you are solely responsible for all Original Works of Art that you make available through AP Website. Accordingly, you represent and warrant that: (i) as to Original Works of Art that you make available through AP Website, you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art; (iii) the Original Works of Art that you make available through AP Website does not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
If you submit listings for Original Works of Art, you hereby appoint Art Platform as an independent non-exclusive reseller with the right to resell such Original Works of Art through AP Website and on third party websites (collectively "Online Sales") and you hereby grant Art Platform a worldwide, transferrable, non-exclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art Sales via Online Sales channels.
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 Artist Revenue which is payable only upon the sale of an Original Work of Art is made.
Listing a Price for Original Works of Art
You are responsible and in charge of listing the artwork price in USD. You are solely responsible of listing a price that is deemed as appropriate and true to the artworks submitted. You will receive 70% of the price listed whereas Art Platform will receive 30% of the price listed. For example, if you list an artwork at US$1,000, you will receive US$700; Art Platform receives US$300. Art Platform reserves the right and may or may not change the listed price to accommodate local import tax (i.e. Singapore's GST at its prevailing rate), third party charges and other necessary costs. The new price amended by Art Platform will not reflect on the 70-30% agreement between you and Art Platform.
Once an Online Sale is Made
For Original Works of Art only, you will have to ship the artwork to Art Platform once a purchase is made by a purchaser/buyer. This delivery or shipment has to be done within 5 days of the date of purchase. Art Platform will notify you once an online sale is made. You are responsible for providing accurate shipping weight and shipping dimensions to the Art Platform address.
The wrapping, packaging and crating (if any) including the cost of delivery and cost of insurance are at the sole responsibility of you. As such, you are responsible of the condition of the artwork. If the artwork arrives damaged in the premises of Art Platform, the team from Art Platform will immediately notify you via email or phone with the photos of the damages. You are responsible to provide a new Work of Art or to touch up the Work of Art into its pristine condition. The delivery cost from Art Platform to you will be at your cost. Art Platform reserves the right to cancel the online sale if such damages occur.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to AP Website ("Feedback"). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Art Platform and you hereby irrevocably assign to Art Platform.
Art Platform Content
Art Platform may also make available through AP Website text, graphics, audio, video and images of works of art (collectively, "Art Platform Content"), some of which is owned by Art Platform, and some of which is made available under license by a third part. Art Platform authorizes you to download, view and print Art Platform-owned Content solely for your personal use in visiting AP and, if you are a Member, in connection with exercising the rights granted to Members under these Terms.
Discounts and Promotions
Art Platform may operate sweepstakes, contests, discounts and similar promotions (collectively, "Promotions") through AP Website. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through AP Website, as they may contain additional important information about Art Platform's rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.
Art Platform respects copyright law and expects its users to do the same. It is Art Platform's policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Art Platform's Copyright for further information.
AP may contain links to third-party websites or resources. You acknowledge and agree that Art Platform is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by Art Platform of such websites or resources or the content, products, or services available. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination and Account Cancellation
If you breach any of these Terms, Art Platform will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Art Platform reserves the right to revoke your access to and use of AP, Services, Art Platform Content and Member Content at any time, with or without cause. In the event Art Platform terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to firstname.lastname@example.org.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given by posting to AP.
Contacting Art Platform