About this site Terms and conditions

 
 

 

 

In order to protect both you and ArtSales.com.au from problems arising from misunderstanding or legal infringement, we have published below our gallery terms and conditions. These are in addition to our Acceptable Use Policy, and you should familiarize yourself with your rights and responsibilities, before uploading any material.

 

 

 

Application of this Agreement

 

    1.1 This Agreement, applies to the publication by ArtSales.com.au of the images,

    gallery(s) and associated displays of the artworks submitted by you,

    the person, named and described in your online application.

     

    1.2 This Agreement is in addition to ArtSales.com.au's Acceptable Usage Policy.

 

top

 

 

Publishing your gallery with ArtSales.com.au

 

    2.1 In order to publish the work you must:

     

    2.1.1 own the physical rights to the work(s)

    2.1.2 complete and submit the online application form

 

top

 

 

What we will provide

 

    3.1 Subject to compliance with all specified conditions,

    ArtSales.com.au will provide to you a gallery with:

     

    3.1.1 space for 6 images per page (default display); no limit on the number of pages

    3.1.2 a section for information about the artist or seller

    3.1.3 a section for information about each work

    3.1.4 a section containing history of sales

    3.1.5 a section containing buyer feedback

     

    3.2 Full e-commerce capabilities including:

     

    3.2.1 credit card facilities

    3.2.2 PayPal facilities

    3.2.3 shopping cart

    3.2.4 buyer wishlist

     

    3.3 consideration for additional promotion as our weekly feature artist

     

    3.4 consideration for additional promotion through signature files, art-e-cards

    and other means.

     

    3.5 In addition to the above ArtSales.com.au will provide to you:

     

    3.5.1 a not for sale gallery (refered to as artist's studio collection) to show the full

    scope of your work in addition to your currently available pieces for the purposes of promotion and commissions with:

     

      3.5.1.1 space for 6 images per page (default display);

      no limit on the number of pages

      3.5.1.2 a section for information about the artist

      3.5.1.3 a section for information about each work

      3.5.1.4 a section containing history of sales - including commissions

      3.5.1.5 a section containing buyer feedback - including commissions

     

    3.5.2 e-card (online postcard) facilities for personal promotion

     

    3.5.3 signature file facilities for personal promotion

     

    3.5.4 an ArtBlog with:

     

    3.5.4.1 a permanent link to the artist's gallery

    3.5.4.2 a permanent link to the artist's studio collection

     

    3.6 Browsing statistics, recorded as 'hits' or page views for all items offered for sale

    through ArtSales.com.au, are logged and may be viewed online at any time by the seller of that work.

 

top

 

 

What you must do

 

    4.1 In relation to your gallery(s) you must:

     

    4.1.1 provide all information (including photographs) in the format prescribed

    by ArtSales.com.au from time to time

    4.1.2 ensure that you accurately describe all works

    4.1.3 comply with ArtSales.com.au current policy

    4.1.4 obtain permission from the owner of copyright in any third party material used in

    your gallery

     

    4.2 notify ArtSales.com.au immediately if:

     

    4.2.1 your work is sold

    4.2.2 you withdraw your work from sale

     

    4.3 Notwithstanding anything herein, ArtSales.com.au has absolute editorial control in

    relation to your gallery, including, but not limited to the format, position and placement of your work.

 

top

 

 

Refunds and returns

 

    5.1 You must accept a request for refund (cancel the order) up until the time the work has

    been shipped.

     

    5.2 After works have been received, 21 days are allowed for works to be returned and a

    refund requested. After this time, funds are released to the artist/reseller and the transaction is deemed complete.

     

    5.3 A full refund is granted if works are 'not as represented'. ArtSales.com.au reserves

    the right of final decision in these matters. The following reasons constitute items 'not as represented':

     

    5.3.1 a damaged item

    5.3.2 the wrong item

    5.3.3 unexpected differences - being:

     

    5.3.3.1 different size

    5.3.3.2 different medium. Eg: the work is described as a drawing but is

    actually an etching.

    5.2.3.3 different crop. Eg: the work displayed is a single face but this is

    actually only a small part of a larger crowd scene, or vice versa.

    5.3.3.4 different colour

     

    5.3.4 work cannot be authenticated. Eg: resale artworks where proof of authenticity is

    offered but is inadequate, or if there is reasonable suspicion of fraud or forgery. In the case of clear fraud or forgery the matter will be referred to the appropriate authorities.

     

    5.4 For fully refundable returns, shipping and insurance costs are borne by the artist/seller

    and the costs of damage in transit (if any), shall be covered by such insurance or the artist/reseller.

     

    5.5 For non-fully refundable returns (reasons other than listed in 5.3), all shipping and

    insurance costs will be borne by the buyer and the costs of damage in transit (if any), shall be covered by such insurance or the buyer or, at ArtSales.com.au's absolute discretion, deducted from the purchase money held by ArtSales.com.au.

 

top

 

 

What you must not do

 

    6.1 You must not offer for sale in your gallery any work to which you do not have the title

    or the right to sell.

     

    6.2 You must not submit for publication any work which:

     

    6.2.1 does not comply with the law

    6.2.2 infringes the intellectual property rights of any person

    6.2.3 is illegal, fraudulent, obscene, offensive, defamatory,

    or if it is in any way unsuitable for people under the age of eighteen (18) years,

    then it must comply with conditions prescribed for the 'Warning Art' section

    6.2.4 is misleading or deceptive or likely to mislead or deceive

    6.2.5 comprises anything which may adversely reflect on ArtSales.com.au or any

    partner websites on which your gallery or work is published

    6.2.6 includes links to other websites or HTML enhancement text

     

    6.3 At ArtSales.com.au's absolute discretion, uploaded work(s) deemed counter to the

    letter or spirit of this Agreement, will be immediately removed and all associated fees forfeited.

 

top

 

 

How your gallery will be published

 

    7.1 ArtSales.com.au will not be bound to publish your work until it is accepted by

    ArtSales.com.au by publishing your work.


    7.2 ArtSales.com.au will publish or procure the publication of your work as follows:

     

    7.2.1 on www.ArtSales.com.au

    7.2.2 on such other websites (and other medium) as ArtSales.com.au determines

    from time to time.

     

    7.3 you acknowledge and agree that while every endeavour will be made to publish your

    work as submitted, ArtSales.com.au will not (other than as set out in clause 13.2) be liable for any error, omission or failure to publish your work.

     

    7.4 ArtSales.com.au may refuse to publish or withdraw from publication your work if:

     

    7.4.1 you breach this Agreement

    7.4.2 in the absolute opinion of ArtSales.com.au, the publication of the work is not in

    the interest of ArtSales.com.au

 

top

 

 

How long your gallery will be published

 

    8.1 ArtSales.com.au will, subject to the provisions of this Agreement, publish your work:

     

    8.1.1 on www.ArtSales.com.au until such time as you have sold your work or removed

    it from sale

    8.1.2 for such other concurrent period on any other website or otherwise as

    ArtSales.com.au determines in its absolute discretion.

    8.1.3 If your gallery has not been accessed in more than 30 days, ArtSales.com.au

    reserves the right to deactivate the gallery and remove it from display.

 

top

 

 

Intellectual property rights

 

    9.1 You maintain all copyright and other intellectual property rights in your work.

 

top

 

 

Model release

 

    10.1 A model release is required when using an image of a person's likeness for

    reproduction and distribution. If a person can easily be identified by an artistic rendering, it is considered to be recognizable and a model release is required. It is a written document authorizing an artist or photographer to use one's image or likeness in print. A model release must contain the following:

     

    Non celebrity

    10.1.1 first and last name of the signatory (subject or parent/guardian),

    printed and legible

    10.1.2 signature (subject or parent/guardian)

    10.1.3 clear indication of the 'approved purpose' of the release as pertaining to

    commercial/trade/business including sale of the image

     

    Celebrity

    10.1.4 first and last name of the signer (subject or parent/guardian), printed

    10.1.5 signature (subject or parent/guardian)

    10.1.6 designation of who the signatory is, must be: subject (the celebrity) or their legal agent

    10.1.7 contact information of the signatory: phone number or e

    mail address and mailing address

    10.1.8 clear indication of the 'approved purpose' of the release as pertaining to

    commercial/trade/business including sale of the image

    10.1.9 acknowledgement of consideration (royalties)

     

    10.1.9.1 subject is waiving any consideration

    (not requiring payment of royalties by the artist)

    OR


    10.1.9.2 subject and artist have independent terms, which should be detailed

    (eg: 50% of royalties earned is paid to the subject)

     

    10.1.10 duration/term in which the item can be sold

    10.1.11 notation of licensees

    10.1.12 witness, signature by a 3rd party (notarization is not necessary).

     

    10.2 At ArtSales.com.au's absolute discretion, a caricature, not primarily designed to cause

    offence, may be excepted.

 

top

 

 

Trademark Licensing Agreement

 

    11.1 A trademark licensing agreement is required when using an image of a trademark or

    a trademarked product in print. It is a written document authorizing an artist or

    photographer to use a trademark or trademarked product in print. A trademark

    licensing agreement must contain the following:

     

    11.1.1 first and last name of the signatory, printed and legible

    11.1.2 signature of the signatory

    11.1.3 title of the signatory

    11.1.4 contact Information of the signatory: phone number or email address

    11.1.5 clear indication of the 'approved purpose' of the release as pertaining to

    commercial/trade/business including sale of the image

    11.1.6 acknowledgement of consideration (royalties)

     

    11.1.6.1 trademark holder is waiving any consideration (not requiring payment of royalties by the artist)

    OR

    11.1.6.2 trademark holder and artist have independent terms, which should be detailed (eg: 50% of royalties earned is paid to the subject)

     

    11.1.7 notation of licensees

    11.1.8 witness, signature by a 3rd party (notarization is not necessary)

    11.1.9 agreement should be on company letterhead

     

    11.2 At ArtSales.com.au's absolute discretion, works adhering to the tradition of satire or

    parody and not primarily designed to cause offence, where a trademark is the subject, may be excepted.

 

top

 

 

Payments to ArtSales.com.au

 

    12.1 Subject to the sale of your work(s), you must pay a fee of 10% of the final price in

    the manner specified to ArtSales.com.au.

 

top

 

 

Indemnifying ArtSales.com.au

 

    13.1 You release and indemnify ArtSales.com.au, its servants and agents against all

    actions, claims and demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against ArtSales.com.au arising out of:

     

    13.1.1 a breach of this Agreement by you

    13.1.2 any wilful, unlawful or negligent act or omission by you

    13.1.3 the publication by ArtSales.com.au or any other person of your gallery

    13.1.4 the sale or offering for sale of your work(s)

 

top

 

 

Limited liability of ArtSales.com.au

 

    14.1 Except as stated in clause 15.2 of this Agreement, ArtSales.com.au will be under no

    liability to you in respect of any loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of goods or services supplied pursuant to this Agreement or in respect of any failure or omission on the part of ArtSales.com.au to comply with its obligations under this Agreement or any negligent act or omission of ArtSales.com.au.

 

top

 

 

This Agreement constitutes the whole Agreement

 

    15.1 This document, the online application and any warranties implied by law which are

    not capable of being excluded or modified, embody the whole agreement between the parties. All previous negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged herein and otherwise are hereby excluded and cancelled.

     

    15.2 To the extent that any warranties implied by law are not capable of being excluded

    or modified, the total liability of ArtSales.com.au, its employees, servants and agents for breach of such warranties is limited to one or the other of the following at the option of ArtSales.com.au:

     

    15.2.1 the supplying of the services again

    OR

    15.2.2 payment of the cost of having the services supplied again

 

top

 

 

Privacy

 

    16.1 The manner in which ArtSales.com.au collects, uses and discloses personal

    information supplied by you in the online application is described in ArtSales.com.au privacy policy.

 

top

 

 

Correspondence from ArtSales.com.au

 

    17.1 As a private seller on ArtSales.com.au, you will receive correspondence regarding the

    status of your gallery. This will include confirmation of the receipt and publication of your gallery, confirmation of any changes made by you, and notification of possible changes to the status of your gallery, including sales and associated procedural notices. You may also be notified of any changes to ArtSales.com.au or associated websites that may have a direct effect on the content or appearance of your gallery. This correspondence forms part of the artist/seller service and is necessary for the management of your gallery.

     

    17.2 You may also receive correpondence from buyers or parties potentially interested in

    purchasing your works through ArtSales.com.au or associated websites.

     

    17.3 If you do not wish to receive such correspondence please do not submit work for

    publication on ArtSales.com.au or associated websites.

     

 

top

 

 

Laws governing this Agreement

 

    18.1 This Agreement is governed by and construed in accordance with the laws of the

    State of Victoria, Australia, and the parties irrevocably submit to the exclusive jurisdiction of the courts in that State.

     

     

     

     

     

bottom dots
top