Artist Terms For Selling
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The following terms and expressions when used in this agreement shall, unless the context otherwise requires, have the following meanings:
- “Artist” shall mean the person who has created an artwork offered for subscription on the Platform;
- “APL” / “Company” shall mean Artygance Private Limited including its successors, permitted assigns and website along with online store platform;
- “Customer”/ “User” shall mean the person who places order(s) on the Platform to buy/rent/subscribe to Product(s) or uses the Platform to browse;
- “Parties” shall mean the Company and the Customer;
- “Platform” shall mean Artygance Private Limited or any other platform of the Company where Products are offered for buying, renting, subscription and other services by the Company;
- “Policies” shall mean policies available on the Platform which
- shall govern the subscription of Products,
- shall be binding and enforceable
- shall include tenure policy, payment policy, delivery policy, pick-up policy, switch policy, damage policy, subscription policy, renting policy, refund policy, Cash on delivery policy, referral policy and coupon policy;
- “Premises” shall mean any office area or plot or building or warehouse or part thereof in possession of the Company or from where the Company operates;
- “Product” shall mean any artwork or service offered on the Platform;
- “Services” shall mean using APL’s platform to sell artwork or any other services made available through APL’s platform
Terms of Selling
You also agree that this terms along with the terms and conditions published on “Terms of Serivce” page are agreeable to you.
These services are available only to individuals or entities that can form legally binding contracts. Without limiting the foregoing, neither minors (persons under the age of 18) nor individuals who have been suspended from the Services may participate in the Services. If you are under the age of 18, you can use the Services only in conjunction with, and under the supervision of, your parents or legal guardian(s).
Modifications
We may, at our sole discretion, change, modify, add or remove any portion of these Terms of Service, in whole or in part, from time to time and at any time without notice to you, by posting such changes on the Site. Your continued use of the Site and the Services after such changes are posted will constitute your agreement to such changed Terms of Service.
Registration
In order to participate in the Services, you must register with Artygance.com by filling out our registration form and providing certain information to us. When you are notified that your registration has been accepted, you will become a "Registered Artist." You agree that the information on your registration form is complete and accurate, and that you will update it to keep it current. Artygance.com reserves the right to disapprove, suspend or terminate your registration for any reason, at its sole discretion, and to prohibit you from participating in the Services. Further, the rights granted to you as a Registered User may not be transferred or sold to another party.
Relationship to You
Artygance.com is not a party to any transaction relating to the Art. Artygance.com is only a venue for artist(s) to list their Art and for buyers to purchase such Art. Artygance.com has no control over the artist(s), buyers or any aspect of the transactions. We are a meeting ground for buyers and artist(s) and tax liabilities are with buyers and artist(s).
Release
In the event that you have a dispute with one or more users, you release Artygance.com (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Information Control
You understand that all information, data, text, photographs, graphics, video, messages, and or other materials ('User Content'), whether publicly posted or privately transmitted via the APL Platform, are the sole responsibility of the person from which such Content originated. You are responsible for all the User Content that you upload, post, broadcast, display, email, transmit, or otherwise make available via the APL Platform. Artygance.com cannot control the information provided by users which is made available through the APL Platform. Users may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using the APL Platform. Artygance.com has no control over the quality or legality of the Art listed the truth or accuracy of the listings or any other information provided by a user about the Art. Please intimate us in case you find any content objectionable or illegal and we will do our best to verify and take suitable action.
Listing Policy
In order to list your Art for sale on the Site, you agree to complete and submit to us all applicable information along with images of your Art provided such images are in an acceptable format.
Listing Period
Art may be listed on the site for “180 days” to keep the content fresh. Beyond 180 days, Artygance.com may charge fees or extend the period at no cost, which will be advised, by default the artwork will expire and be delisted after 180 days. We reserve the right to remove any Art deemed inappropriate by Artygance.com. Our art advisory and curatorial board looks at all works being loaded and has the final rights on allowing the works to be displayed on the website. The artist cannot remove any art on his/her own but has to send an intimation mail to remove h/er artwork. Any removal of work will happen from our side, artists should not delete any work once approved by Artygance.com. Any defaults from any artist on this front will lead to disqualification from the website and as it is a violation of the Terms & Conditions, appropriate legal action may be initiated.
Basic Listing Obligation
By listing Art on the Site, the artist(s) agrees to sell the Art once a buyer has completed the check-out process.
Shipping and Packing
Artist(s) shall pack the piece(s) of Art and send to Artygance.com. The Buyer pays for all the shipping charges, in promotion periods this may be waved as per discretion of Artygance.com from time to time, which means we may compliment the shipping charges and Artygance.com will pay for them. The piece(s) of Art should be packed so as to protect them during shipment which is the responsibility of artist if shipped directly and a short video film will be shared with buyer of artwork is in pristine condition and correctly packed. Artygance.com shall participate in the packing and shipping process. In cases where the artwork if first to be shipped to us for inspection, it must be shipped by artist to Artygance address within 48 hrs. If at the end of the72 hour period the artwork has not been shipped the order will be cancelled and refund will be issued to the buyer. If an order cannot be delivered to the address provided by the buyer and the artwork is returned to the artist and the order will be treated as a “return” and then the buyer will have to pay extra shipping charges to get the artwork delivered again.
Ownership Transfer
The Art shall be and remain the risk of the seller (unless it is in possession of APL) until it is shipped to the buyer, and thereafter the risk shall shift to the buyer.
Fees and Commissions
Our seller fees and commissions are already added on every work sold and statutory Taxes are also added on each work sold by an artist. Artygance.com may change its fees, payments and commissions from time to time.
Remittance
Artygance.com shall remit the Purchase Fees to seller, after first deducting Artygance.com posted fees and commissions, within twenty one (21) days after the later of (i) the date of shipment of the Art to the buyer and (ii) the date when Artygance.com verifies receipt of the “Purchase Amount” from buyer. All payments will be made by cheque to seller artist(s) after statutory (TDS) deductions as per Law.
Tax Responsibility
Title to the Art does not pass to Artygance.com once an Artist(s) uploads h/er art/craft work. The seller is the retailer for Tax purposes. The seller shall file all Tax returns in accordance with applicable Law, and each seller shall indemnify Artygance.com against any tax, cost or expense relating to the failure of such seller to satisfy any Tax liability related to the sale of such seller's Art. We are just facilitators for the buyers and sellers to meet. Note, that statutory (TDS) deductions as per Law is Artygance.com responsibility.
Copyright Violations
If you believe that your material or the material of another user has been wrongfully used in a way that constitutes copyright infringement, please let us know. In order for Artygance.com to investigate and address your complaint, please provide Artygance.com with all information available. If a clear infringement of copyright, trademark, patent, publicity rights or other right comes to our attention, we reserve the right to delete all infringing material from the Site and to suspend you from using the Services, even without receiving a complaint from the person whose rights have been infringed.
How We Handle Copyright Violations
Upon receiving notice of a potential copyright infringement, Artygance.com may immediately delete or suspend access to the infringing material. We may also provide the user who posted the allegedly infringing material with contact information for the complaining party and may ask that the user work with the complaining party to resolve the dispute. If Artygance.com has deleted or suspended access to materials you posted on the Site because of a complaint that the posting infringed someone else's copyright, it will attempt to provide you with written notice of its actions. If you disagree with such actions and want to have the materials returned to the Site, please provide us with a written response within ten (10) days after receiving the notice from us (a "Response"). Each Response must contain the following
(1) Why that work is not an infringement?
Your name, address and telephone number and a statement that you consent to the jurisdiction of the District court of Mumbai and that you will accept service of process from the person who complained that posting the materials constituted a copyright infringement or from an agent of that person. Also that you agree to bear all legal expenses for a lawyer to contest your case. We will follow the directives of this court.
A copy of your response, including your name and address, will be sent to the person who complained about your posting. Artygance.com will then decide, in its sole discretion, whether to re-display the deleted materials on the “Site”. Please note that if you are complaining against a copyright infringement, we would like you also to mention that the same 2 points, except that you will put in writing why the work is an infringement and you should be able to contest this legally with all legal expenses on your part.
(2) Your Information
You agree to grant Artygance.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable license to exercise the copyright, publicity, and database rights you have in the information you have provided to us, in any media now known or not currently known, including, without limitation, any images of your pieces of Art. Artygance.com will use such information solely to enable it to provide the Services.
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