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.
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Application of this Agreement
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Publishing your gallery with Artsales.com.au
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What we will provide
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What you must do
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Refunds and returns
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What you must not do
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How your gallery will be published
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How long your gallery will be published
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Intellectual property rights
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Model release
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Trademark Licensing Agreement
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Payments to Artsales.com.au
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Indemnifying Artsales.com.au
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Limited liability of Artsales.com.au
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This Agreement constitutes the whole Agreement
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Privacy
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Correspondence from Artsales.com.au
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Laws governing this Agreement
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.
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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
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What we will provide
3.1 Subject to compliance with all specified conditions, and payment
of fees for the basic option,
Artsales.com.au will provide to you a gallery with:
3.1.1 space for 9 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 articons and
art-e-cards.
3.5 In addition to the above, and upon payment of fees for the
enhanced option,
Artsales.com.au will provide to you:
3.5.1 a not for sale (NFS) gallery to show the full scope of your
work other than your currently
available pieces for the purposes of promotion and commissions with:
3.5.1.1 9 images per gallery: limit of one NFS gallery per artist
subject to uploading 3 or more enhanced option pieces.
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
using up to three images
per nine enhanced option works
3.5.3 priority inclusion in Artsales.com.au search index where
search results will return
enhanced option work first.
3.5.4 Works will be labelled 'Preferred Seller's Enhanced Guarantee'
where Artsales.com.au will
pay the return postage directly to the buyer under the following circumstances:
3.5.4.1 the work is returned in accordance with 5.3
3.5.4.2 the return shipping is no more than 110% of the original
outgoing shipping and
3.5.4.3 the return shipping is no more than $250 (AUD)
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.
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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.
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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, 14 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
being
'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.
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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.
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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
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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.
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Intellectual property rights
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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.
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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 and mailing
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.
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Payments to Artsales.com.au
12.1 Subject to the terms of this Agreement, you must pay the uploading
fee at the rate and in the
manner specified by Artsales.com.au. For the avoidance of doubt, you must pay the
uploading
fee even if you withdraw your work from publication.
12.2 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.
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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)
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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.
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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
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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.
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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. You will 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. If you do not wish to receive this correspondence please do not
submit
work for publication on Artsales.com.au or associated websites.
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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.