ARTIST TERMS AND CONDITIONS
These plARTform Artist Terms and Conditions (this “Agreement”) form a binding agreement between the user (“Artist” or “you”) and plARTform, an Estonian limited liability company (“Platform Ltd.”). In addition to the plARTform General Terms of Use (available at: www.plartform.net/page.html?q=terms-and-conditions ), this Agreement sets forth additional terms and conditions pursuant to which you may access and use the plARTform site. By accessing or using the plARTform, you acknowledge and represent that you have read, understood, agree to be bound by, and accept the terms of this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, THEN YOU MUST NOT USE THE PLARTFORM SITE. ADDITIONALLY, PLARTFORM RESERVES THE RIGHT TO CHANGE THE DESIGN OR SPECIFICATIONS OF THE PLATFORM OR THE ARTIST TOOLS AT ANY TIME WITHOUT NOTICE TO, CONSENT OF, OR LIABILITY TO YOU.
1. The platform.
plARTform offers Artists access to its website located at www.plartform.net (collectively, the “plARTform”) through which Artists can access various features and tools that enable Artists to sell their pieces of artwork (the “Artwork”) to other users of the plARTform (each a “Customer”). Artist’s use of the plARTform is subject to this Agreement as well as the Terms of Use, including the provisions related to limitations of liability, disclaimer of warranties, and indemnity therein.
2. Grant of Rights.
(i) So long as you comply with this Agreement, during the term of this Agreement plARTform grants you a personal, non-exclusive, non-transferable, limited permission to access and use the Artist Tools (Dashboard) of the plARTform. No person under the age of eighteen may access or use the Artist Tools without the consent of their parent or legal guardian. All rights not expressly granted to Artist in this Agreement are reserved to plARTform.
(ii) Artist grants plARTform a perpetual, irrevocable, worldwide, royalty-free, non-exclusive right and license to copy, modify, distribute, and display the Artwork as well the artist’s name and likeness through the plARTform for purposes of promoting and offering the Artwork for sale and in any medium for purposes of promoting the plARTform or the Artwork.
3. Obligations of Artist. Artist agrees to:
(i) Access and use the plARTform and the Artist Tools in a manner consistent with both the Terms of Use and the terms and conditions of this Agreement;
(ii) Upon ordering by Customer, adequately package the Artwork, and deliver the Artwork to the shipping carrier as directed by plARTform. Artists have to handle packing, shipping and transport insurance of theirs artwork strictly as instructed by plARTform;
(iii) Make the Artwork available for sale through the plARTform and avoid to sell the Artwork anywhere other than the plARTform;
(iv) Artist accept returns on withdrawn Artwork, comply with all aspects of plARTform return policy www.plartform.net/page.html?q=shipping-and-returns
(v) Comply with all applicable laws and regulations, including those related to the protection of personal data and those applicable to transactions with Customers.
(vi) Agrees to have minimum of four (4) artworks at a time on the platform.
4. Artist Representations and Warranties.
Artist represents and warrants that:
(i) Artist is the sole owner and is in possession of all Artwork that Artist offers for sale on the plARTform;
(ii) Artist has the complete authority to sell all Artwork offered for sale on the plARTform;
(iii) Any information that Artist provides about the Artwork will be true and correct;
(iv) All Artwork does not and will not infringe any intellectual property rights of any third party;
(v) All Artwork offered for sale on the plARTform by Artist will be free of any and all charges, claims, community or other marital property interests, conditions, equitable interests, liens, options, pledges, security interests, mortgages, easements, rights of first option, rights of first refusal, or similar restrictions, including any restriction on use, transfer, or exercise of any other attribute of ownership that might prohibit or in any way affect the sale of the applicable Artwork;
(vi) Except for damage to Artwork caused by shippers or couriers in transit, all Artwork will arrive in substantially the same condition as the images of the Artwork presented to Buyer on the plARTform at the time of purchase;
(vii) Artist will at all times comply with both the Terms of Use and the terms and conditions of this Agreement;
(viii) Artist’s use of the plARTform or sale of any Artwork does not and will not conflict with any other agreement to which Artist is a party; and
(ix) In exercising Artist’s rights and performing its obligations under this Agreement, Artist shall comply with all applicable laws, regulations, and other legal mandates.
5. Sale Terms.
If your Artwork sells via the plARTform, then, within thirty days of full payment for the Artwork by the applicable Customer, plARTform will automatically send you a payment. plARTform takes 18% commission (on the base of your artwork price) and 18 EUR administrative (transactional) fee to cover the credit card fees, administrative costs, advertising and such associated with the sell. All payments to you will be sent via PayPal, bank transfer or other means. Before any payments to you are made, you must provide plARTform with PayPal information or bank account information through your User Account so that payments can be sent to you. Additionally, plARTform shall have no obligation to pursue collection activities for amounts owed by Customers for the sale of Artwork and plARTform shall have no payment obligations to you relating to any applicable unpaid amounts.
Pursuant Art. 16 DIRECTIVE 2011/83/EU on consumer rights, the Customer has a period of fourteen days from the delivery of the Artwork to use his/her right of withdrawal, without any reason. plARTform will notify the Artist if the Return has been initiated.
For a withdrawal initiated by the Customer, Artist agrees to accept his/her own Artwork’s Returns. In the case of Artwork Return packing, shipping and transport insurance of the artwork is handled by the customer.
IN ADDITION TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, ALL PURCHASES BY CUSTOMERS OF ARTWORK FROM YOU WILL BE GOVERNED BY THE TERMS OF USE IN EFFECT.
6. Release.
If a dispute arises between you and one or more Customers (each a “Dispute”), then you release plARTform from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with a Dispute.
7. Termination and Expiration.
You may terminate this Agreement, for any or no reason, at any time, with notice to plARTform, which will be effective as of plARTform processing your request; provided however, that this Agreement will remain in effect for any Artwork submitted prior to the date of termination with regard to the submitted Artwork until it is either rejected or sold through the plARTform. This termination will be effective upon plARTform processing your notice. plARTform may terminate this Agreement and your User Account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice.
8. Indemnity.
You will indemnify, defend, and hold harmless plARTform from and against any and all losses, liabilities, damages, actions, claims, demands, settlements, judgments, and any other expense, including attorney’s fees and expenses, that are asserted against, incurred, or suffered by the Indemnified Parties and that arise out of or relate to the Artwork or that are due to your (i) breach of this Agreement, (ii) improper use of the plARTform (iii) breach of any law, or (iv) actual or alleged infringement of any third party’s intellectual property rights. Any indemnification obligation under this Agreement shall apply even if due in part to the Indemnified Parties’ concurrent negligence or other fault or strict liability without regard to fault; provided, however, that your contractual obligation of indemnification hereunder shall not extend to the percentage of the claimant’s damages or injuries or the settlement amount attributable to the Indemnified Parties’ negligence. You may not settle any claim for which you are indemnifying an Indemnified Party without first obtaining the Indemnified Party’s written consent to the settlement, unless such settlement is only for money paid by you. An Indemnified Party may, at its own expense, participate in and be represented by its own counsel in defense and settlement of the claim.
9. Disclaimer of Warranties.
THE PLATFORM, AND ALL INFORMATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLARTFORM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM AND ALL INFORMATION AND SERVICES PROVIDED BY PLARTFORM, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. IF YOU ARE DISSATISFIED OR HARMED BY PLARTFORM, THE PLARTFORM, THE ARTIST TOOLS, OR THE INFORMATION AND SERVICES PROVIDED BY PLARTFORM IN ANY WAY, THEN YOU MAY CLOSE YOUR USER ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ARTICLE 7 AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. PLARTFORM DOES NOT GUARANTEE THAT THE PLATFORM OR THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THE OPERATION OF THE PLATFORM MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. PLARTFORM DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, PLARTFORM DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE PLATFORM DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
10. Limitation of Liability.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NEITHER PLARTFORM, NOR ANY OF ITS AFFILIATES, ADVERTISERS, SUPPLIERS, EMPLOYEES, MEMBERS, OR MANAGERS, (COLLECTIVELY, THE “ASA PARTIES”) WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF PROFITS DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE PLARTFORM, THE ARTIST TOOLS, OR THE INFORMATION AND SERVICES PROVIDED BY PLARTFORM. EXCEPT FOR DAMAGES CAUSED BY PLARTFORM’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE ASA PARTIES’ LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE ARTIST TOOLS, OR THE INFORMATION AND SERVICES PROVIDED BY PLARTFORM ARISING UNDER ANY THEORY OF LAW (INCLUDING CLAIMS OF BREACH, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE), SHALL NOT EXCEED THE GREATER OF 100 EUR. YOU ACKNOWLEDGE THAT THIS REPRESENTS A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES.
11. Publicity.
Waiver. Artist hereby unconditionally and irrevocably agrees and consents to the following and provides the following waivers and release. plARTform may: take, record or otherwise obtain mechanical or digital photographs, video or other images that may contain Artist’s likeness and/or the Artwork with Artist’s verbal or written consent ("Photographs"); take, record, or otherwise obtain testimonials or other statements from me, including sound recordings with Artist’s verbal or written consent ("Statements"); and use, reuse, copy, modify, adapt, distribute, publish, broadcast, republish, display, exhibit and otherwise use, either in whole or in part, Photographs and/or Statements for commercial and business purposes in one or more film, videotape, or multimedia productions, and/or on plARTform’s site and/or in any social media, report, educational, advertising, marketing, recruiting and promotional materials. Artist understands and agrees that the Photographs may or may not contain attributions specifically identifying Artist. plARTform shall have the right to modify, reproduce, display or otherwise disseminate the Photographs and/or Statements, in whole or in part, provided that any modifications or alterations made to such Photographs and/or Statements do not significantly alter or misrepresent the original content in a manner that casts Artist in an immoral light. On behalf of Artist and Artist’s heirs, Artist hereby releases and discharges plARTform from any and all claims Artist might have in connection with plARTforms use, display, publication, dissemination or exploitation of the Photographs and/or Statements, including, but not limited to, any claims for defamation; invasion of privacy, libel, infringement of copyright, violation of any moral or artist rights; and/or any right of privacy or publicity. Artist further acknowledges that Artist will receive no additional compensation from plARTform nor will Artist have the right to preapprove any permitted uses of Photographs or Statements. Artist acknowledges that plARTform is the sole and exclusive owner of all right, title, and interest in and to all copyrights, trademark rights, and any and all other intellectual property rights, worldwide, in the Photographs and/or Statements and the individual components thereof and Artist shall take no action to challenge or object to the validity of such rights or plARTform’s ownership or registration thereof. For the avoidance of doubt, under no circumstances does such ownership rights extend to the Artwork itself, which belong solely to Artist.
12. General.
(i) Relationship of the Parties. The relationship between the parties to this Agreement is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
(ii) Governing Law; Venue. This Agreement is governed by the laws of Estonia. The exclusive venue for all actions arising under this Agreement shall be in the courts located in Tallinn, Estonia.
(iii) Limitation Period. PLARTFORM SHALL NOT BE LIABLE FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE PLATFORM, THE ARTWORK, THE MATERIALS, OR THE INFORMATION AND SERVICES PROVIDED BY PLARTFORM THAT IS BROUGHT MORE THAN TWO YEARS AFTER THE CAUSE OF ACTION FOR THE APPLICABLE CLAIM FIRST AROSE.
(iv) Force Majeure. plARTform shall not be responsible for any delay or failure to perform due to any cause beyond its reasonable control, including acts of nature or governments or interruptions of telecommunications, power, or transportation
(v) Modification. plARTform reserves the right to modify, supplement, or replace the terms of this Agreement without prior notice, effective upon notifying you that the terms have changed. If you do not wish to be bound by changes to this Agreement, then you may terminate this Agreement at any time in accordance with Article 7 herein. By continuing to use the plARTform after the posting of any changes, you agree to be bound by those changes to this Agreement. Furthermore, your access to the plARTform is subject to the most current versions of this Agreement and the Terms of Use.
(vi) Consent to Receive Emails. When you register for a User Account you hereby authorize plARTform to send emails to you (i) for the purpose of advising you of changes or additions to the plARTform and (ii) about any other products or services provided by plARTform. If you no longer wish to receive these emails, then you may adjust your email preferences or unsubscribe.
(vii) Notice. Any notices or other communications required to be given in writing under this Agreement will be effective upon receipt via email to the email address provided by Artist, personal or courier delivery, addressed to Artist at the address on Artist’s User Account profile or to plARTform at Vagevä Põik 2, 75312 Peetri, Estonia, or at another address that a party may indicate by written notice to the other party.
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