YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. 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.
What’s In Art reserves the right, at its sole discretion, to modify, discontinue or terminate the Site 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 the Site or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, 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 the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
In order to list a work on the Site or to make a purchase through the Site, (other than users who utilize the guest checkout option), you must first create an account (“Account“) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. What’s In Art reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify What’s In Art of any unauthorized use of your Account.
Purchaser Terms and Conditions
Purchases of Original or Limited Edition Works of Art
As a Member, you may purchase Original or Limited Edition Works of Art that are listed by other Members on the Site. When you purchase such an Original or Limited Edition Work of Art through the Site and Services, you are purchasing the work from What’s In Art and not from the Member identified on the listing for such work. Prices for Original or Limited Edition Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt. What’s In Art and/or its third party service providers will collect your billing and shipping information and process your payment. The Member identified on the listing of the Original or Limited Edition Work of Art will ship the purchased work directly to you. The terms and conditions of What’s In Art’s then-current Return Policy apply to any Original or Limited Edition Works of Art that you purchase through the Site and Services.
Purchases of Copy Works
As a Member, you may purchase Copy Works that are listed by other Members on the Site. Prices for Copy Works will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and that will be separately identified on your receipt. When you purchase Copy Works through the Site and Services, What’s In Art and its third party service providers will collect your billing and shipping information, process your payment and ship the Copy Works directly to you. The terms and conditions of What’s In Art’s then-current Return Policy apply to any Copy Works that you purchase through the Site and Services.
What’s In Art reserves the right to cancel any order for an Original, Limited Edition or Copy Work of Art placed via the Site and Services if What’s In Art determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If What’s In Art cancels an order placed via the Site and Services, What’s In Art will send you an email confirmation of such cancellation and you will not be charged for your order.
Terms for both Sellers and Purchasers
If you are a Member and have submitted a listing for an Original or Limited Edition Work of Art and have been contacted through the Site and Services by another Member with respect to purchasing either of the foregoing, you may not sell such Original or Limited Work of Art to such Member independent of the Site and Services. Similarly, if you are a Member and desire to purchase an Original or Limited Edition Work of Art for which another Member has submitted a listing, you may not purchase such Original or Limited Edition Work of Art from such Member independent of the Site and Services.
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in Canadian dollars and do not include any sales, use, goods and services (“GST & PST “) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes“). If you are a non-Canadian seller of Original Works and/or Limited Edition Works, you acknowledge that What’s In Art will withhold the Taxes required to be withheld from the payments What’s In Art makes to you.
If you are a purchaser of Original Works, Copy Works and/or Limited Edition Works, you acknowledge that What’s In Art will add Taxes to the amounts charged, as a separate charge, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
You understand and agree that What’s In Art uses commercially reasonable efforts to display the colors of Original Works of Art, Copy Works and Limited Edition Works accurately via the Site and Services. However, because individual computer monitors may display colors differently, What’s In Art is not responsible for the color accuracy of any Original Works of Art, Copy Works or Limited Edition Works displayed on the Site and Services, and disclaims all liability in this regard.
In addition to submitting listings for Original Works of Art, Copy Works and Limited Edition Works, What’s In Art may, in its sole discretion, designate areas of the Site in which Members can post, upload, publish or submit images of works of art on or to the Site (individually or collectively, “Member Content“). What’s In Art does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that a Member may have to use and exploit any such Member Content. By making available any Member Content on or through the Site and Services, (i) you grant What’s In Art a worldwide, non-exclusive, transferable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such Member Content on or through the Site and Services in any form, medium or technology now known or later developed, for the purpose of promoting What’s In Art, the Site and Services, and (ii) you grant directly to other Members the right and license to view your Member Content on or through the Site and Services only in connection with such Member’s authorized use of the Site and Services. You reserve all other rights and licenses in and to any Member Content that you make available on or through the Site and Services.
You acknowledge and agree that you are solely responsible for any Member Content that you make available on or through the Site. You represent and warrant that: (i) you are the sole and exclusive owner of all Member Content that you make available on the Site or that you have all rights, licenses, consents and releases that are necessary to make available such Member Content and to grant all rights and licenses in such Member Content as granted under these Terms; and (ii)neither the Member Content nor your making available any Member Content on the Site nor any use of any Member Content as permitted under these Terms will 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.
What’s In Art Content
What’s In Art may also make available through the Site and Services text, graphics, audio, video and images of works of art (collectively, “What’s In Art Content“), some of which is owned by What’s In Art (“What’s In Art-owned Content“), and some of which is made available under license by a third party (“What’s In Art-licensed Content“). What’s In Art authorizes you to view What’s In Art-owned Content” solely for your personal use in visiting the Site and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For What’s In Art Licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such What’s In Art Licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by What’s In Art or its licensors, except for the licenses and rights expressly granted in these Terms.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site, or any individual element within the Site, What’s In Art’s name, any What’s In Art trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without What’s In Art’s express written consent;
- Access, tamper with, or use non-public areas of the Site, What’s In Art’s computer systems, or the technical delivery systems of What’s In Art’s providers;
- Attempt to probe, scan or test the vulnerability of any What’s In Art system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by What’s In Art or any of What’s In Art’s providers or any other third party (including another user) to protect the Site, Services, What’s In Art Content or Member Content;
- Attempt to access or search the Site, Services, What’s In Art Content or Member Content or download What’s In Art Content or Member Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by What’s In Art or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a What’s In Art trademark, logo URL or product name without What’s In Art’s express written consent;
- Use the Site, Services, What’s In Art Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, What’s In Art Content or Member Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, What’s In Art Content or Member Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
What’s In Art will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. What’s In Art may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that What’s In Art has no obligation to monitor your access to or use of the Site or Services or to remove any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. What’s In Art reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works of Art or Copy Works or Limited Edition Works, What’s In Art Content or any other text, graphics, images, software, music, audio, video, information or other content or material that What’s In Art, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services and What’s In Art Content are protected by copyright, trademark and other laws of the Canada and foreign countries. Except as expressly provided in these Terms, What’s In Art and its licensors exclusively own all right, title and interest in and to the Site, Services and What’s In Art Content and Copy Works, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or What’s In Art Content.
What’s In Art respects copyright law and expects its users to do the same. It is What’s In Art’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.
Termination and Account Cancellation
If you breach any of these Terms, What’s In Art will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. What’s In Art reserves the right to revoke your access to and use of the Site, Services, What’s In Art Content and Member Content at any time, with or without cause. In the event What’s In Art 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 the email@example.com.
THE SITE, SERVICES, What’s In Art CONTENT AND MEMBER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, What’s In Art EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. What’s In Art MAKES NO WARRANTY THAT THE SITE, SERVICES, What’s In Art CONTENT OR MEMEBR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. What’s In Art MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM What’s In Art OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, What’s In Art DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES What’s In Art MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SITE OR SERVICES. What’s In Art MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES.YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold What’s In Art, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, What’s In Art Content or Member Content, or your violation of these Terms.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services, What’s In Art Content and Member Content remains with you. Neither What’s In Art nor any other party involved in creating, producing, or delivering the Site, Services, What’s In Art Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, What’s In Art Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not What’s In Art has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will What’s In Art’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, What’s In Art Content or Member Content exceed: (i) if you are a Member who has sold Original Works of Art and has received any Artist Revenue Share from What’s In Art from the sale of Printed Works, the total payments made or credited to you by What’s In Art for the sale of your Original and/or Edition Limited Works of Art and/or from the sale of Printed Works based on your licensed Works during the three (3) month period preceding the date a claim for liability arises under these Terms; and (ii) if you are a Member who has purchased Original and/or Limited Edition Works of Art or Printed Works, the total payments that you made to What’s In Art for the Original, Limited Edition Works of Art and/or Printed Works that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between What’s In Art and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of What’s In Art used herein are trademarks or registered trademarks of What’s In Art. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of British Columbia of Canada without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the British Columbia of Canada and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between What’s In Art and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between What’s In Art and you regarding the Site and Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without What’s In Art’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. What’s In Art may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by What’s In Art via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of What’s In Art to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of What’s In Art. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting What’s In Art
If you have any questions about these Terms, please contact What’s In Art at firstname.lastname@example.org.
Last Updated: August 12, 2018
- Data Collection and Use.
- Information You Directly and Voluntarily Provide to Us. We may collect and store some or all of the following information you make available to us:
- If you download, register for or use the Service, we may ask you to provide your name, mailing address, email address, telephone number, image, interests, demographic profile, credit card information, user name, password and other registration information. You may be required to register with us and provide us with the information we request from you in order to use the Service or to use some or all of the features offered by the Service. We may also offer you the option to complete a user profile that may be visible to other users of the Service.
- Information you provide when you contact us for technical or customer support or with questions about your use of the Service.
- Information Automatically Collected from You. In addition to the information you provide to us, the Service may collect and store additional information automatically, this information may include:
- Device registration data (e.g., the type of mobile device you use, your mobile device’s unique device or advertising ID, IP address, operating system and browser type)
- Device settings (e.g., language preference)
- Mobile carrier
- Information about how you use the Service (for example, how many times you use the Service each day)
- Requested and referring URLs
- Location data collected through your device (including, for example, precise location data such as GPS and WiFi information)
- Information You Publicly Post through the Service. If you post information on public areas of the Service, such as reviews, comments or forums, that information may be collected and used by Leaf Group, other users of the Service, and the public generally. We strongly recommend that you do not post any information through the Service that allows strangers to identify or locate you or that you otherwise do not want to share with the public.
- How We Use the Information We Collect from You. We and our service providers may use the information you provide or that is collected through the Service to operate and improve the Service, our other sites, applications, products and services, or to contact you from time to time to provide you with important information, notices and marketing promotions relating to the Service. If you wish to opt-out of receiving marketing communications from us by email, please follow the instructions contained in each email you receive from us describing how you can opt-out of receiving further marketing communications from us. If you are a registered user you may also be able to adjust your email settings by logging in to your account and adjusting your account settings.
- Social Media Services.The Service may use social networking or “share functionality” or may contain links to third-party social media sites or applications that are not owned or controlled by What’s In Art. Your use of these features may result in the collection or sharing of information about you by these sites or applications, depending on the feature. What’s In Art has no control over, and assumes no responsibility for, any share functionality or the content, privacy policies, or practices of any third-party site or application. You are subject to the policies of those third parties when and where applicable. We also may allow you to use social media sites or applications to leverage your existing social media site or application accounts to access features of the Service. Please review your privacy settings for your applicable social media site or application account, as those settings determine what information may be made available to us when you access the Service through the applicable social media site or application.
We encourage you to review the privacy policies and settings on the social media sites or applications with which you interact to make sure you understand the information that may be collected, used, and shared by those sites.
III. Children Under Age 18. The Service is not intended for children under age 18. We do not knowingly collect or distribute personal information from or about children under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at email@example.com.
- Managing Your Information.We acknowledge the right of individuals to access their personal data. You may send an e-mail to firstname.lastname@example.org a letter to What’s In Art, Attn: Legal Department; Unit 1125, 4380 No. 3 Road, Richmond, V6X 3V7 requesting access to or correction of your personal information. Please include your registration information you provided through the Service. We may ask you to provide additional information for identity verification purposes, or to verify that you are in possession of an applicable email account. If you’d like us to delete information that you have provided through the Service, please contact us at email@example.com and we will respond in a reasonable time. Please note that some or all of the information you provided may be required in order for the Service to function properly or may be automatically retained in backup storage or records retention archival storage.
- Security.We provide industry-standard physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we take reasonable measures to limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Service. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches. As a result, we cannot guarantee or warrant the security of any information you transmit on or through the Service and you do so at your own risk.