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1. Artfizz Privacy Policy

This privacy policy describes how your Personal Information is collected, used, and shared when you visit or make a purchase from Artfizz.  For ease of reference and consistency, Artfizz hereby incorporates the defined terms set forth in its Terms and Conditions. 

Artfizz takes the privacy of your Personal Information seriously, and we are committed to ensuring that your Information is protected in accordance with our legal obligations under the General Data Protection Regulation (“GDPR”) and other applicable national, state and other applicable. data protection laws.

We use your data to provide and improve Artfizz’s services and auction events, and to ensure compliance with applicable laws and regulations.  By using the Artfizz Platform, you agree to the collection and use of information in accordance with this Privacy Policy.  Additionally, this Privacy Policy should be read in conjunction with our Terms and Conditions with which you must agree when you register to use Artfizz’s Platform and Services.

PERSONAL INFORMATION WE COLLECT

When you visit Artfizz, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse Artfizz, we collect information about the individual web pages or products that you view, what websites or search terms referred you to Artfizz, and information about how you access and interact with Artfizz. We refer to this automatically collected information as “Device Information.”

We may collect device information using technologies, including but not limited to the following:

– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

– “Log files” track actions occurring on Artfizz, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

– “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse Artfizz.

Additionally when you engage with the Artfizz Platform (whether it be to create an account, sell artwork, or buy artwork), we may collect some or all the following Personal Information:

  • Place and date of birth
  • Home phone number
  • Cell phone number
  • Email address
  • Postal address
  • User name
  • Password
  • Collecting interests and categories
  • Likes and comments on listed artwork
  • Communications and marketing preferences
  • Identification and other documentation (including but not limited to drivers license, ID card, passport, or other proof of address) for our screening and due diligence purposes
  • Any information you provide or are requested to provide relating to artwork you list on Artfizz (including but not limited to import paperwork, export paperwork, tax information, certificates of authenticity)
  • Details of past transactions relating to the artwork you list on Artfizz
  • Information regarding any investigations, disputes or proceedings pertaining to artwork listed on Artfizz
  • Other registration information
  • Other personal information you enter into your Artfizz account
  • Any other information to be collected as required by applicable laws or regulations

Device Information and the personal information listed above are referred to in this Privacy Policy collectively as “Personal Information”.

CONSENT

By providing your Personal Information when you create an account on Artfizz, you accept the collection, use, disclosure, processing and transfer of this Information in accordance with the terms established in this Privacy Policy.

If you access the Artfizz Platform from the European Union, Asia, California or other state or region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, please be advised that through your continued use of the Artfizz Platform, which is governed by New York law, you are transferring your Personal Information to the United States and you consent to such transfer. 

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Personal Information that we collect to ensure smooth transactions, and also to do some or all of the following:

  • Communicate with you regarding our services, auctions, events, or to respond to your questions or other communications;
  • Invite you to online events, auctions, or other Artfizz-hosted activities;
  • Screen bidders for potential risk or fraud;
  • Provide requested information, services, and products;
  • Provide general marketing content;
  • Report on changes or new services provided by Artfizz;
  • Perform credit checks (generally in relation to buyers and bidders);
  • To create and maintain art market records (including records of property you own, claim to own, or list on Artfizz) as required by law in order to prevent fraud, theft, or other unlawful activities;
  • To comply with our legal and regulatory obligations, including but not limited to KYC and anti-money laundering checks, tax reporting, assisting with law enforcement, investigations, and/or judicial proceedings;
  • Understand your interests, preferences, transaction history, and browsing behavior;
  • To personalize your online experience on Artfizz;
  • To maintain our business records and processes;
  • For any other legitimate interests, including but not limited to obtaining advice on our rights and obligations, protect our business, enforce our legal rights, and protect any other lawful interest.

Credit checks may be performed by credit reference agencies that may record that a search has been made and share the search results, including the information that we provide, with other third parties.  Any use of your Personal Information by such agencies will be subject to their own terms of use, privacy policies, and any other guidelines.

We use your Personal Information to help us screen for potential risk and fraud (in particular, to ensure strict compliance with KYC requirements), and more generally to improve and optimize Artfizz (for example, by generating analytics about how our customers browse and interact with Artfizz, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION

We may share your Personal Information with partner, vendors, consultants, or other third parties we use to provide services to you as described in this Privacy Policy and our Terms and Conditions.  For instance, all payments made by you to Artfizz shall be facilitated through Stripe, Inc., Artfizz’s third party payment processing service. Stripe’s privacy policy can be found at: https://stripe.com/privacy. We also use Google Analytics to help us understand how our customers use Artfizz–you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

We may share your Personal Information with organizations we partner with to: host events, launch or promote campaigns, or who offer relevant or related services.

We may use your Personal Information to contact you with newsletters, marketing or promotional content and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us at unsubscribe@artfizz.com. You may also opt out of sharing your email address in your account settings, but doing so may prevent us from sharing this information with parties with whom you are transacting a purchase or sale.

In order to ensure smooth transactions on Artfizz, we will share some or all Personal Information with parties with whom you are transacting. If you do not want us to share your Personal Information with third parties for purposes of facilitating your transactions, you should not bid on or purchase any items through Artfizz.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

BEHAVIORAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

We may also use your Personal Information as part of a customized campaign on third-party platforms (such as Facebook or Google). As part of these ad campaigns, we or third-party platforms may convert your Personal Information, such as your email address, into a unique value that can be matched with a user account on these platforms to allow us to learn about your interests and to serve you advertising that is customized to your interests. The third-party platforms may offer you choices about whether you see these types of customized ads.

On occasion, we may also share with such third parties, aggregated or anonymized data that cannot reasonably be used by those third parties to identify you. This aggregated or anonymized data is used by the third party to create for us “lookalike” audiences displaying similar traits to those extracted from the aggregated or anonymized data.

You can opt out of targeted advertising by:

FACEBOOK – https://www.facebook.com/settings/?tab=ads

GOOGLE – https://www.google.com/settings/ads/anonymous

BING – https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/

DO NOT TRACK

Please note that we do not alter the Artfizz Platform’s data collection and use practices when we see a Do Not Track signal from your browser.

EU USERS – Your Rights Under the General Data Protection Regulation

Artfizz Art acknowledges your rights to access and control your Personal Information in accordance with applicable Data Protection Laws. Effective as of May 25, 2018, if you are subject to European Union Data Protection Laws, our processing of your Personal Information will comply with the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the GDPR.

If you wish to be informed about what Personal Information we hold about you and/or if you want it to be removed from our systems, please contact us at unsubscribe@artfizz.com.

In certain circumstances, you have the following data protection rights:

The right to access, update or delete the Personal Information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Information directly within your account settings section. If you are unable to perform these actions yourself, please contact us at hello@artfizz.com to assist you.

The right of rectification. You have the right to have your Personal Information rectified if that information is inaccurate or incomplete.

The right to object. You have the right to object to our processing of your Personal Information.

The right of restriction. You have the right to request that we restrict the processing of your Personal Information.

The right to data portability. You have the right to be provided with a copy of the Personal Information we have on you in a structured, machine-readable and commonly used format.

The right to withdraw consent. You also have the right to withdraw your consent at any time where Artfizz relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA).

DATA RETENTION

When you complete a transaction on Artfizz, we will maintain your Personal Information for our records unless and until you ask us to delete this information.

MINORS

Artfizz 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 Artfizz Art with any information without their consent, he or she should contact us at legal@artfizz.com.

CHANGES TO AND UPDATES TO THIS PRIVACY POLICY

This Privacy Policy was created on 15 February 2021, and supersedes any previous Privacy Policy or similar terms provided by or on behalf of Artfizz. We may update this Privacy Policy from time to time and will publish any changes on our website www.artfizz.com.

Last modified: February 15, 2021.

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at legal@artfizz.com.

2. Artfizz Terms and Conditions of Use Policy

This Terms and Conditions of Use Policy, including any policies or notices referred to and which are incorporated by reference (the “Terms and Conditions”) is undeniably full of lots of legal language. To encourage you to actually ready through all of this, we have done two things:

  1. Put some very important language up front in all bold capitalized font so that you will read it first even though these points are addressed more fully in the body of the Terms and Conditions; and
  2. Included some highlighted Key Points at the end of each legalese-filled paragraph.  These Key Points do not in any way replace or fully explain the language of the Policy, but they will give you the main gist of the language.  Please understand that you are still responsible for reading the full Terms and Conditions.

Some of the most important language bears repeating, so even though these terms are found in the main part of the Terms and Conditions, please take special note of the following language provided in bold capitalized letters (so you don’t even need to break out the reading glasses):

Please make note of the following:

The Artfizz website, mobile app or other Artfizz services may be referred to as “the Artfizz Platform” or the “Artfizz Services”. Artfizz, LLC and its trustees, officers, directors, members, managers, owners, employees, agents, representatives, successors, assigns, affiliates, and those acting under its authority may be referred to as “Artfizz”, the Company, “we”, “us”, or “our”. You may be referred to as “user” even though we tried really hard to come up with a better term. 

THIS AGREEMENT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND ARTFIZZ. BY ACCESSING THE ARTFIZZ PLATFORM OR USING THE ARTFIZZ SERVICES, YOU ARE ACCEPTING AND AGREEING TO BE LEGALLY BOUND BY AND TO COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE ARTFIZZ PLATFORM OR SERVICES.

PLEASE TAKE NOTE THAT WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND ARTFIZZ REGARDING THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU IN ACCORDANCE WITH THE PROVISIONS BELOW.

ARTFIZZ SERVICES INCLUDE A PLATFORM FOR EXHIBITING, LISTING, COMMENTING ON AND AUCTIONING ARTWORK AND PROVIDING RELATED INFORMATION SERVICES. ARTFIZZ IS NOT A DEALER, GALLERY OR TRADITIONAL AUCTIONEER AND WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY ARTWORK LISTED ON THE ARTFIZZ PLATFORM. ARTFIZZ DOES NOT: (I) HOLD TITLE TO ANY ARTWORK LISTED ON THE ARTFIZZ PLATFORM, (2) INSPECT ANY ARTWORK LISTED ON THE ARTFIZZ PLATFORM OR (3) HAVE ANY ARTWORK LISTED ON THE ARTFIZZ PLATFORM IN ITS PHYSICAL OR CONSTRUCTIVE POSSESSION.

As with any legal agreement, if you are confused and do not understand any of the language, before you sign (because you will be obligated to these Terms and Conditions), you should seek clarification from your own counsel.

Please review the Terms and Conditions for a detailed explanation of applicable terms and conditions. Even though we provide simple explanations in the “Key Points” language at the end of each paragraph, the Key Points highlight and summarize only some of the key features and terms of the Terms and Conditions. The Key Points are not binding and you should carefully review the actual Terms and Conditions before accessing or using the Artfizz Platform or Services.

COMPLETE AND UNABRIDGED (BUT THOUGHTFULLY ANNOTATED). REVISED: FEBRUARY 15, 2021

APPLICATION AND ACCEPTANCE OF THIS TERMS AND CONDITIONS OF USE POLICY

These Terms and Conditions (including the binding arbitration provision located here) along with our Privacy Policy and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Artfizz Platform (collectively, the “Terms and Conditions”) that are owned or operated by Artfizz are a contract in electronic form between you and Artfizz. These Terms and Conditions apply  to any use of the Artfizz Platform, including (a) acting as a “Buyer” submitting bids expressing an intent to purchase artworks or other products and services listed by Sellers on the Artfizz Platform, (b) acting as a “Seller” submitting information in connection with the listing of an artwork or other product or service on the Artfizz Platform  or (c) as a visitor, registrant or user in any other capacity permitted by these terms (together with “Buyers” and “Sellers”, collectively, “Users”). These Terms and Conditions set forth the legally binding terms governing your access and use of the Artfizz Platform. These Terms and Conditions apply to Artfizz and its affiliates only and does not cover other companies, including third parties that may advertise or sponsor content, products or services on the Artfizz Platform or any third-party platforms (such as social media platforms or app stores) or other channels that you may use to access the Artfizz Platform or any Content (as defined below).

The Terms and Conditions is a binding contract between you and Artfizz, whether you are using the Artfizz Platform in any capacity, including as a Buyer, a Seller, a User, or visitor.  No one else is included in this agreement even if they show up on the Artfizz Platform as sponsors or service providers.

Content that appears on the Artfizz Platform may include, without limitation, information, data, coding, text, images, photographs, videos, audio, written posts, articles, comments, software, scripts, graphics and interactive features generated, provided, or otherwise made available through or in connection with the Artfizz Platform (the “Content”). We make no representations or guarantees about any aspect of the Artfizz Platform or Content and do not endorse any opinions expressed by any Users. THE ARTFIZZ PLATFORM AND ALL CONTENT ARE PUBLISHED “AS IS” AND YOUR USE OR RELIANCE ON THE ARTFIZZ PLATFORM OR ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE ARTFIZZ PLATFORM, ANY ARTFIZZ SERVICE, OR ANY CONTENT.   THIS DISCLAIMER AND LIMITATION OF LIABILITY IS IN ADDITION TO ALL OTHERS SET FORTH BELOW.

We do not guarantee any of the Content that appears on the Artfizz PlatformWe especially cannot be responsible for anything put onto the Artfizz Platform by other Users.  You are responsible for your own due diligence and use the Artfizz  Platform at your own risk.

OUR ROLE

The Artfizz Platform includes a platform for exhibiting, listing and auctioning artwork and related information services. We are not the creator or owner of the items posted on the Artfizz Platform by Sellers for Buyers to bid on. Rather, we provide the Artfizz Platform, which enable Users to access certain features and functionalities, including posting artworks and other products and services, and bidding on such products and services. Sellers are responsible for ensuring that any of their Content meets all applicable local, state, provincial, national and other laws, rules and regulations, and that any goods (including artworks) and services promoted, offered or otherwise described on the Artfizz Platform are described in listings, and/or delivered as described, in an accurate satisfactory manner. No statement anywhere, whether oral or written, whether made in on the Artfizz Platform or elsewhere, can be relied on by you or others to be a warranty, representation, or shall give rise to any liability. Images and condition reports are not meant to be complete or a substitute for assessing the condition of the lot yourself or through an agent you may engage; they are for guidance only. Nothing in any written or oral descriptions of a lot constitutes a representation of fact; they represent the opinions held by the Seller and/or the author of the report. Except for the Artfizz Commission and applicable service fees, Artfizz is not responsible for and does not process any payment or facilitate any transaction for the purchase of the applicable artwork or other good or service offered for sale on the Artfizz Platform.

As part of the Artfizz Platform, Artfizz may assist Sellers in the creation of their listings based on information provided by the Seller, but it remains each Seller’s responsibility to make sure that its listings are accurate and that it has the rights to use any images or other materials displayed or used in its listings.

ARTFIZZ IS NOT AN ART GALLERY, ART DEALER OR TRADITIONAL ART AUCTIONEER AND WE DO NOT SELL, EXCHANGE, BUY, OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY ARTWORK LISTED ON THE ARTFIZZ PLATFORM. ARTFIZZ WILL NOT: (I) HOLD TITLE FOR ANY ARTWORK LISTED ON THE ARTFIZZ PLATFORM, (2) INSPECT ANY ARTWORK LISTED ON THE ARTFIZZ PLATFORM OR (3) HAVE ANY ARTWORK LISTED ON THE ARTFIZZ PLATFORM IN ITS PHYSICAL OR CONSTRUCTIVE POSSESSION.

Bidding by Artfizz. Except to protect the reserve, Artizz’s owners, officers, directors, employees may bid in an auction only if such person does not know the reserve and does not have access to any other Content not known to the public.  

If Artfizz is the owner of a lot or has an ownership interest in the lot, Artfizz will include the symbol 𐐅 in the lot description.

Artfizz just provides a platform for you to use.  You take full responsibility for anything that you post, sell, or buy on the Artfizz Platform even if we help you create your post, listing, or any other content.

CONTENT ON ARTFIZZ

WARNING REGARDING MINORS: The Content displayed on Artfizz is not intended for minors. Such Content extends to a wide range of art, is generally uncensored, and may include nudity or other graphic or literary content that some people may consider offensive, and/or inappropriate for minors to view or have access to. If you allow your child to use your computer, it is your responsibility to determine whether any of the Services, Content and subject matter displayed on the Artfizz Platform is inappropriate for your child, and to control the child’s use of the computer accordingly. If you find any Content on the Artfizz Platform offensive, you should not use Artfizz.

Content on Artfizz may be graphic or otherwise viewed as offensive or inappropriate. Artfizz is not intended for children or anyone else who may find the Content offensive

COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS

All Content is protected by copyright under the laws of the United States as well as other countries, and are owned or controlled by Artfizz, third parties who have posted their Content to the Artfizz Platform or by third parties that have licensed their Content to Artfizz. Artfizz authorizes you to view and download a single copy of the Content solely for your personal, non-commercial use. All rights in and to the Content not expressly granted to you in the Agreement are reserved. Neither the availability of, nor anything contained within Artfizz shall be construed as conferring any license under any of Artfizz’s or any third party’s intellectual property rights, other or further than as expressly provided in the foregoing provisions of this paragraph, whether by implication, estoppel or otherwise.

Unauthorized use of the Content may violate copyright, trademark, and other laws. You may not sell, prepare derivative works based on or modify the Content (including, without limitation, preparation of summaries of the Content or “thumbnails” of any images therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content or any portion thereof on any other website, publication, database, catalog or compilation, or in a networked computer environment for any purpose other than personal browsing of Artfizz, without the express prior written permission of Artfizz is strictly prohibited. With respect to any copy you make of the Content within the scope of the limited personal license granted pursuant to these Terms and Conditions, you must retain, unmodified and unobscured, any and all copyright and other proprietary notices contained in the original Content. Some of the Content may contain Artfizz “watermarks” to indicate their source and ownership. You agree not to attempt to remove, deactivate, reverse engineer, modify, tamper with or obscure any such watermarks.

The trademarks, logos and service marks (the “Marks”) displayed on Artfizz are owned by Artfizz or third parties. You are prohibited from using the Marks without the express, prior written permission of Artfizz or such third party. If you would like information about obtaining Artfizz’s permission to use the Content or Marks, please email legal@artfizz.com.

The intellectual property rights to all Content on Artfizz is owned either by Artfizz or someone else.  Unless you are the owner of the intellectual property rights to the Content, you are granted only limited permission to use the content for personal, non-commercial purposes.  Unauthorized use of any of the Content may be considered a violation of intellectual property laws and subject you to liability.  Basically, other than looking at the Content while you browse the Artfizz website, any other use of the Content could be a problem.

CLAIMS OF COPYRIGHT INFRINGEMENT; DMCA

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Artfizz’s Designated Agent (defined below) the following information in writing:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, Artfizz has designated an agent (the “Designated Agent”) for notification of claimed infringement with the United States Copyright Office in accordance with the terms of the DMCA and reserves the right to avail itself of the protections of the DMCA. The Designated Agent can be contacted at: legal@artfizz.com or Artfizz, 495a Henry Street, #205, Brooklyn, NY 11231.

We may give notice to our Users that we have received a notice of infringement by means of a general notice on our site, electronic mail to a User’s email address in our records, or by written communication sent by first-class mail to a User’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled, and the location at which the Content appeared before it was removed or access to it was disabled;
  • A statement from you under the penalty of perjury, that you have a good faith belief that the Content was removed or disabled as a result of a mistake or misidentification of the Content to be removed or disabled; and
  • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing Content or an agent of such person.

In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, Artfizz has designated an agent (the “Designated Agent”) for notification of claimed infringement with the United States Copyright Office in accordance with the terms of the DMCA and reserves the right to avail itself of the protections of the DMCA. The Designated Agent can be contacted at: legal@artfizz.com or Artfizz, 495a Henry Street, #205, Brooklyn, NY 11231.

We may give notice to our Users that we have received a notice of infringement by means of a general notice on our site, electronic mail to a User’s email address in our records, or by written communication sent by first-class mail to a User’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled, and the location at which the Content appeared before it was removed or access to it was disabled;
  • A statement from you under the penalty of perjury, that you have a good faith belief that the Content was removed or disabled as a result of a mistake or misidentification of the Content to be removed or disabled; and
  • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing Content or an agent of such person.

We have a policy of terminating access to our Artfizz Platform of any User who repeatedly infringes the proprietary rights of any third party. We suggest that you consult your legal advisor before serving a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

If you feel that your copyrights have in any way been infringed by images of your work being present on the Artfizz platform, notify us according to the instructions in this Section.  We may notify the User who posted the allegedly infringing Content, who will then have the option of responding pursuant to the instructions in this Section.  Repeated violations of other people’s intellectual property rights may result the offending User’s rights to access Artfizz being terminated.

PRIVACY AND DATA PROTECTION

In connection with your access to or use of the Artfizz Platform, we may obtain information from you directly or about you through the Artfizz Platform (your “Personal Information”). We will use your Personal Information in accordance with our Privacy Policy, which describes our privacy practices as well as choices you may have with respect to the collection and processing of some of your Personal Information. Please take a moment to review our Privacy Policy. The Privacy Policy is incorporated into these Terms and Conditions and forms part of them.

We do not knowingly collect Personal Information from children under the age of 13 through the Artfizz Platform. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Information through any website without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will delete that information from our databases.  In any event, the Artfizz’s Platform and Services are available only to registered Artfizz Users. This excludes in all cases minors (persons who have not reached their eighteenth birthday).

Please read our Privacy Policy as it contains important information too! We do collect Personal Information from you when you register and the Privacy Policy will tell you more about that process.  In any event, we’ve said it before, and we’ll say it again:  Artfizz is not a platform for children.  If you have any reason to believe that a child under the age of 13 has provided Personal Information to us, please let us know immediately!

USER REPRESENTATIONS AND WARRANTIES

In consideration of your use of Artfizz, you agree to the terms as set forth in these Terms and Conditions, which includes the Privacy Policy, and to: (a) provide true, accurate, current and complete Personal Information about yourself as prompted by any registration form that you may fill out on Artfizz  (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or Artfizz has grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, Artfizz has the right to suspend or terminate your account and refuse any and all current or future use of the Artfizz Platform or Services (or any portion thereof).

You may receive a password and/or account designation, or an Artfizz signature upon completing the registration process on Artfizz. You are responsible for maintaining the confidentiality of any such password, Artfizz signature and account, and are fully responsible for all activities that occur under your password, Artfizz signature or account. You agree to (a) immediately notify Artfizz of any unauthorized use of your password, Artfizz signature or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Artfizz cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.

When you register with Artfizz, we collect Personal Information that is governed by the Privacy Policy (see last Key Point!).  Upon registering to use Artfizz, you will receive a password or other access information that is personal to you.  It is your responsibility to protect your password or other access information, and you must notify us immediately if there is any unauthorized use of your password or access information.  Either way, we will not be responsible for any loss or damage you suffer.

We may send you information relating to your use of the Artfizz Platform (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration, if applicable. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You must be truthful in the information you provide to Artfizz when you use our platform.  Have we mentioned you need to read the Privacy Policy?  We may send you information via email and you are fine with that.

USER CONTENT

“User Content” means any and all information and content that a User submits to, or uses with, the Artfizz Platform (e.g., photos, audio, video, messages, text, files, creative ideas, suggestions, proposals, plans or other material you provide us in any manner (e.g., online, by email, by postal mail, or otherwise) including any listings that appear on the Artfizz Platform (regardless of any role that Artfizz has in the listing). You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Artfizz. Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Under no circumstance will Artfizz be liable for any inaccuracy or defect in any User Content.

Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Users of the Artfizz Platform are solely between you and such User. You agree that Artfizz will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User of the Artfizz Platform, we are under no obligation to become involved. We are not a party to any artwork sale contract between any Buyer and Seller that originates on or through the Artfizz Platform and you are solely responsible for any of your interactions with other Users (including but not limited to bidding on and purchasing an artwork). Additionally, you acknowledge that other Users may post comments about your User Content, which may be derogatory, and Artfizz has no obligation to monitor or delete any such User Content. Artfizz may remove or modify any User Content without notice or liability at any time in Artfizz’s sole discretion. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Artfizz shall have no liability for your interactions with other Users, or for any User’s action or inaction.

User Content is anything uploaded to Artfizz by you or other Users.  We want the Artfizz  platform to be a positive place to share art and love, but we have no control over or responsibility for User Content even if it is inaccurate, untrue, or not nice.  We are not responsible for any issues you might have interacting with other Users, including with regard to any sales transactions

No Collection of Personal Information from Others. You may not, through manual or automated means, collect, harvest, gather, assemble or store personal information about other Users of the Artfizz Platform (including their email addresses or other contact information) without their explicit consent. You may not use any such information to transmit or facilitate transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation. You agree not to send, create, or reply to so called mailbombs (i.e., emailing copies of a single message to many Users, or sending large or multiple files or messages to a single User with malicious intent) or engage in spamming (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the Artfizz Platform by any other User or third party, including placing malware on the Artfizz Platform. You will not use any robot, spider, scripts, service, software or any other automatic or manual device, tool, or process (a) for the purpose of compiling information regarding the identification, address or other attributes of any of our Users, bidders, Buyers or Sellers, or (b) to recreate in original or modified form any substantial portion of Artfizz or (c) to data mine or scrape any of the Content on Artfizz, or (d) otherwise access or collect any of the Content, from Artfizz using automated means. You further agree not to (a) use services, software or any manual or automatic device, tool, or process to circumvent any restriction, condition, or technological measure that controls access to Artfizz in any way, including overriding any security feature or bypassing or circumventing any access or use controls of Artfizz, or (b) cache or archive any Content, or (c) do anything that would impose an unreasonable or disproportionately large load on Artfizz, or (d) do anything that may disable, damage or change the appearance of Artfizz or interfere or attempt to interfere with the proper functioning of Artfizz or any transactions being conducted on or in connection with Artfizz.

If you violate any provision of these Terms and Conditions, your permission to use the Content and Artfizz automatically terminates and you must immediately destroy any copies you have made of the Content.

You will not collect information from the Artfizz website or do anything to get around restrictions that protect Content on the Artfizz website.  If you do, you will no longer be allowed to use Artfizz.

You hereby grant, and you represent and warrant that you have the right to grant, to Artfizz an irrevocable, nonexclusive, royalty-free, worldwide license to reproduce, edit distribute, publish, publicly display and perform, prepare derivative works of, incorporate into other works, translate, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

USER SUBMISSIONS

Unsolicited Submissions

You agree that we may use User Content you provide us through emails, Q&A, blogs, forums, polls, or through any other User-generated submission, and may use your name, likeness, and any stories you provide us in articles or other features published on the Artfizz Platform or in our publications, advertising or sponsored content. If you provide us with personal anecdotes, they may be attributed to you. Artfizz can edit, rewrite, use, and reuse the User Content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Artfizz Platform or our publications, advertising or sponsored content.

Invited Submissions

From time to time, the Artfizz Platform may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Please carefully read any specific rules or other terms and conditions that appear in connection with such Invited Submissions as such terms and conditions will govern the Invited Submissions and may affect your legal rights. If no such additional terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY CONTENT YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to through the Artfizz Platform.

We can use anything you upload or post on Artfizz whether we asked you to provide it or not and we do not owe you any payment.  You are solely responsible for the content of anything you upload or post.  We have no responsibility or liability for the use of any of your uploads or posts, nor do we assume any liability for comments posted by you or any other Users.

We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

USER CONDUCT AND RESPONSIBLE USE OF THE ARTFIZZ PLATFORM

Please act responsibly when using the Artfizz Platform. The following rules are a condition of your access to or use of the Artfizz Platform and Content:

Your Content Must be Lawful and Appropriate. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of any unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, pornographic, indecent, invasive of another person’s privacy or otherwise inappropriate User Content or other Content or information of any kind, including, without limitation, any images or other Content harmful to minors in any way, or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. You recognize that storing, distributing or transmitting unlawful User Content, Content or information could expose you to criminal and/or civil liability. You agree that your User Content will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right.  Further, nothing you post will contain any computer virus or other malware that could in any way affect the operation of the Artfizz Platform or Service or any related website. 

Content Posted by You Must be Yours. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of User Content, Content or information that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights. You agree that if a third-party claim that User Content, Content or information you have posted on or contributed to the Artfizz Platform is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all User Content, Content or information publicly posted or privately transmitted on or through the Artfizz Platform are the sole responsibility of the sender, not Artfizz, and that you are responsible for all User Content, Content or information you upload, publicly post or otherwise transmit to or through the Artfizz Platform. If we become aware that any of our Users has infringed the proprietary rights of any third party, we may take steps to terminate that User’s access to our Artfizz Platform. If any third party provides you compensation or other value for your User Content, you are responsible for making any appropriate or required disclosures regarding such compensation or other value You are solely responsible for any User Content you make and its accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third-party.

No Criminal or Unlawful Conduct. You may only use the Artfizz Platform and Content (including any information contained therein) for lawful purposes, in accordance with these Terms and Conditions, applicable laws and regulations, and obligations or restrictions imposed by any third party. You may not encourage conduct that would constitute a criminal offense or give rise to civil liability.

No Bullying, Impersonation or Interference. You may not use the Artfizz Platform to threaten, abuse, harass, or invade the privacy of any other User or third party. You may not impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with Artfizz or with any other person or entity. . You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content. You may not restrict, inhibit or interfere with any other User or third party from using or enjoying the Artfizz Platform.

No System Abuse. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Artfizz Platform, any other online services, or to obtain unauthorized access to the Artfizz Platform or Content or any data or other information of any third party. You may not interfere with, disrupt, or create an undue burden on servers or networks connected to the Artfizz Platform.

No Violations of Security Systems. You are prohibited from using the Artfizz Platform to compromise the security or tamper with, or gain unauthorized access to, the Artfizz Platform, Content, online accounts or any other computer systems, resources or networks. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of systems security, Artfizz reserves the right to release your details to relevant third parties, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.

No Transmission of Fraudulent Funds. In the course of sending payments, whether to us or to Sellers, you shall not transmit potentially fraudulent or fraudulent funds.

No Violation of Payment Rules. You shall not use your user account or the Artfizz Platform in a manner that we, Stripe, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the payment system or a violation of payment association or network rules.

Cooperation. You must not refuse to cooperate in any investigation or refuse to provide confirmation of your identity or any information you provide to use.

No Circumvention. You may not circumvent any Artfizz determinations about your user account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional user account(s) when an account has been restricted, suspended or otherwise limited; opening new or additional user accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s user account.

No Misconduct.  You will not engage in or encourage conduct that affects adversely or reflects negatively on Artfizz, the Artfizz Platform, goodwill or reputation.

Our Users are expected to behave positively and responsibly, and to follow these rules:

  • No criminal activities;
  • No unlawful or inappropriate content may be put on the Artfizz Platform;
  • All content posted must be yours;
  • You may not gather any User data;
  • No bullying;
  • No system abuse;
  • No violation of website security;
  • No transmission of fraudulent funds;
  • No abuse of credit card or payment processing rules;
  • You have an obligation to cooperate in any investigations;
  • You cannot circumvent any decisions made by Artfizz regarding your User account.

If you violate these rules, Artfizz may limit or terminate your User account.  You may further be responsible for any damages or other liability caused by your actions

ENFORCEMENT

If we become aware of a User’s violation of this Agreement, including the rights of any other User or third party, we may take certain remedial steps, including refusing access to the Artfizz Platform to any person or entity and change eligibility requirements at any time.

If we become aware that any of our Users has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that User’s access to the Artfizz Platform. We reserve the right (but have no obligation) to review information we obtain from or about you and your use of the Artfizz Platform, to investigate, and/or to take appropriate action against you in our sole discretion. Such acts may include removing or modifying your User Content, including any Comments or other posted content, terminating your access to the Artfizz Platform (including any User account, registration or membership), legal action and/or reporting you to law enforcement authorities. If Artfizz elects to modify User Content, Artfizz nonetheless assumes no responsibility for the User Content.

Artfizz reserves the right to investigate suspected violations of this Agreement, including without limitation, any violation arising from any information obtained about you (including unsolicited or invited submissions), postings or emails you make on or send through the Artfizz Platform. Artfizz may seek to gather information from the User who is suspected of violating this Agreement and from any other User. Artfizz may suspend any Users whose conduct or postings are under investigation and may remove such Content from its servers as it deems appropriate and without notice. If Artfizz believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or emails, remove the Content permanently, cancel postings, warn Users, suspend Users and passwords, terminate accounts, or take other corrective action it deems appropriate. Artfizz may cooperate with law enforcement authorities or court order requesting or directing Artfizz to disclose the identity of anyone posting any emails or publishing or otherwise making available any Contents that are believed to violate this Agreement. 

We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violation of this Agreement, including the following:

  • Terminate this Agreement, limit your user account, and/or close or suspend your user account, immediately and without penalty to us;
  • Refuse to provide the Artfizz Platform to you in the future;
  • Limit your access to your user account or any of Artfizz Platform, including limiting your ability to pay with any of the payment methods linked to your User account;
  • Update inaccurate information you provided us; or
  • Take legal action against you.

If you’ve violated this Agreement, then you’re also responsible for damages to Artfizz caused by your violation of this Agreement.

If we close your user account or terminate your use of Artfizz Platform for any reason, we’ll provide you with notice of our actions.

You are responsible for all claims, fees, fines, penalties and other liability incurred by Artfizz, any user account holder, or a third party caused by or arising out of your breach of this Agreement, and/or your use of Artfizz Platform.

Artfizz may, in its sole discretion, investigate any behavior or actions that may be inappropriate or in violation of any of the rules set out in these Terms and Conditions.  Artfizz may, in its sole discretion, edit or modify content that is in violation of the rules, and/or restrict or terminate account of violators.

AVAILABILITY OF AND MODIFICATION TO THE ARTFIZZ PLATFORM AND CONTENT

We do not guarantee that any or all of the Artfizz Platform or any Content will be made available through the Artfizz Platform. We may change, modify, edit, suspend, discontinue or otherwise manipulate the Artfizz Platform, Content or any part, feature or service of the Artfizz Platform at any time with or without notice to you. You agree that Artfizz will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Artfizz Platform, Content or any part thereof.

We are always evolving at Artfizz and we will change the rules as needed to keep up by posting updates here.

PURCHASES, FEES, AND COMMISSIONS

The Artfizz Platform supports two kinds of sales (for more details, please see How it Works):

  • Primary market sales 
  • Secondary market sales

Sellers designate the type of sales transactions that are allowed for their listings.

REGULAR AUCTIONS (INCREMENTAL BIDDING)

Our regular auctions (“Incremental Bidding”) last two weeks unless the seller specifies with no preview period. Buyers will add their maximum bid as a proxy bid. The highest bidder wins. Any maximum bid placed that matches an already existing maximum bid registered on the platform (a ‘tied’ bid) will not be registered, and the bidder will be prompted to submit an alternate bid. Higher bids will be automatically placed on your behalf by standard increments as you are outbid, up to your maximum bid amount. Artfizz may place bids below the reserve on behalf of the Seller, either consecutively or in response to other bids.

BUY IT NOW

Our “Buy It Now” option works much the same as our online bidding items, but there are a few differences. Works will be listed for two weeks unless the seller specifies with no preview period. Buyers will either be able to “Buy It Now” for the list price, or make an offer. If you click “Buy It Now” or your offer is accepted by the aftermarket seller, you will be charged the Artfizz commission  to confirm the sale along with the Stripe payment processing fee. If the work is purchased on the primary market from a gallery, there is no buyer commission.

SEALED BIDDING

For those moments when you want a little privacy… Sealed bids means all bidding activity is private. You simply enter your bid, based on what you want to pay for the piece In the event a bidder fails to reach the reserve price for the lot, Artfizz will notify that bidder that the reserve has not been met and prompt the bidder to submit a new bid. At the end of the auction the highest bid offered wins. Only the seller and winning bidder will be notified of the final sale amount. Auctions will last two weeks unless the seller specifies. Since all bidding activity is private, you will not be notified if you are outbid. 

For every type of transaction, these Terms and Conditions apply.  In particular, please note the following:

  • LISTING.  When Sellers list artwork or any other products or services for sale, they will be responsible for all aspects of their listing as identified in  How it Works. We do not inspect any artworks or any other goods that a Seller lists on the Artfizz Platform. You acknowledge and agree that Artfizz bears no risk associated with your purchase of any artwork from a Seller listed via the Artfizz Platform.

In order to use the Artfizz Platform to list an artwork or other product, Seller is required to indicate whether there is a minimum price at which the Seller is willing to consider a sale to a Buyer (the “Reserve”) or whether no such minimum bid is required (“No Reserve”).  If the Seller doesn’t set a Reserve for sealed bids, the Artfizz Platform will designate $10.00 as the Reserve. The Reserve will be the starting bid on all artworks listed for Incremental Bidding. A Seller may reduce or waive a Reserve or reduce a starting bid during the auction by notifying Artfizz of such change via email or, if available, Artfizz’s web-based notification tools made available to Seller. Artfizz will only approve a listing for publication on the Artfizz Platform once a Seller has either selected a Reserve or selected No Reserve for the applicable listing.

  • PRICES. Prices listed for artworks or any other products or services listed by Sellers on the Artfizz Platform are set by the Seller, and Artfizz is not responsible for setting or negotiating any prices or related fees. Listed prices set by the Seller on the Artfizz Platform may not (and likely will not) include applicable taxes, and if required by the buyer costs associated with obtaining certificates of authenticity, condition reports, appraisals, and any costs relating to shipping or international transportation and applicable taxes of duties. A Seller may add any or all of the foregoing to the listed price when calculating the final sale price.  All amounts listed on the Artfizz Platform are in U.S. dollars.
  • ADDITIONAL FEES Import, Export and Permits. It is the Buyer’s sole responsibility to identify and obtain any necessary export, import, endangered species or other permit for the property. Any symbols or notices in the property description reflect the Seller’s reasonable opinion at the time of listing and are for bidders’ general guidance only; Artfizz makes no representations or warranties as to whether any property is or is not subject to export or import restrictions or any embargoes.
  • COMMISSION. Upon Artfizz’s acceptance of the winning bid, the Artfizz commission and any applicable service fees are immediately due and will be automatically charged to the credit card provided to Artfizz by the Buyer. The Artfizz commission is calculated as a percentage of the final winning bid. Commission rates are listed in How it Works and may be changed from time to time. The winning bidder is obligated to pay the commission whether or not the transaction with the Seller is completed.

Primary Market Sales:  For all primary market sales, the Artfizz commission and any applicable service fees will be due and charged to Seller immediately upon the close of bidding.  

Secondary Market Sales:  For all secondary market sales, the Artfizz commission and any applicable service fees will be due and charged to Buyer immediately upon the close of bidding.

  • COMPLETING THE TRANSACTION. Artfizz will connect Buyer and Seller so that they can consummate the transaction, but Artfizz neither collects purchase amounts, nor any other fees or expenses associated with the transaction except for the Artfizz commission and applicable payment processing or service fee.  Under no circumstances may Buyer renegotiate the amount of the winning bid or any of the associated fees.
  • SHIPPING AND OTHER COSTS.  Buyer and Seller will arrange shipping by mutual agreement.  Buyer is responsible for paying all packing, transport, insurance and any other applicable costs, unless otherwise mutually agreed with Seller.
  • ARRANGING PAYMENT. Buyer and Seller are responsible for arranging for payment of the winning bid amount, as well as any other applicable costs including, without limitation, any applicable sales, use, or similar taxes or charges, as well as any customs or international duties.   The method for making payment will be mutually agreed upon by Buyer and Seller.  Artfizz has no responsibility for or liability arising from these payment arrangements.
  • PAYMENTS TO ARTFIZZ. All payments made by you to Artfizz are facilitated through Stripe, Inc., Artfizz’s third party payment processing service. Stripe’s terms of service can be found at https://stripe.com/us/terms. You agree to abide by the terms and conditions and applicable policies required by the third-party payment processing company or platform. All information that you provide in connection with a purchase must be accurate, complete, and current. You agree to pay all charges incurred by any users of your credit card, debit card, or other payment method used in connection with a purchase on Artfizz at the prices and exchange rates (if applicable) in effect when such charges are incurred. 
  • PAYMENTS TO SELLER. For any purchases Buyers make directly from a Seller on or through the Artfizz Platform, Buyer and Seller will agree on the method of payment.  Artfizz does not process the actual sales transaction.  
  • FAILURE TO PAY. In the event that Buyer fails to pay, or the sale fails to close for any reason, Artfizz will not refund any amounts paid to Artfizz for the listing as well as its commission or to its payment processor for any applicable fees collected at the close of bidding.  
  • NO REFUNDS. All purchases made from a Seller using the Artfizz Platform are between the applicable Buyer and Seller; for that reason, in the event you seek a refund related to a purchase or have any questions, you must directly contact the applicable Seller.

You are responsible for any applicable fees payable to Artfizz or its third party payment processor.  All Artfizz charges will be processed through Stripe, Inc.— you can find out more information about Stripe’s services and policies at https://stripe.com/us/terms.

Buyers and Sellers are responsible for finalizing the sale transaction and using their own, mutually agreeable method for processing payment..

In addition to the price of the artwork, product, or service purchased on the Artfizz Platform, Buyers will be responsible to pay packing, shipping, and any applicable taxes, fees, and/or duties.

CANCELLATION

If you are a consumer habitually residing in the European Union and the Seller of the lot you have bought is not a consumer, you have the right under the EU Consumer Rights Directive to cancel your online purchase within 14 days of the date you collect the lot or it is delivered to you. In the event you are entitled to cancel your online purchase, notify the Seller in writing within 14 days of the date you collect the lot, or it is delivered to you and within 14 days of sending the Seller the cancellation notice, you must return the property to the Seller at your own cost in the same condition as when it was collected by or delivered to you.

In the event that you fail to submit payment to the Seller within 10 days of the auction, the Seller may cancel the sale and relist the property on the Artfizz Platform. 

SELLER REPRESENTATIONS AND WARRANTIES 

Each Seller acknowledges and agrees the following:  

If you or anyone on your behalf submits an artwork or other product or service to sell on the Artfizz Platform, and we accept such artwork, product or service, then you, or such other User, are considered a “Seller” on the Artfizz Platform. You are responsible in all respects for the User Content and any other information related to any artwork, product or service you decide to sell. You are also fully responsible in all respects for consummating the transaction with the applicable Buyer in accordance with these Terms and Conditions.

SELLER HEREBY ACKNOWLEDGES AND AGREES THAT FOLLOWING PUBLICATION AND FOR THE PERIOD THAT SUCH SELLER’S LISTING IS MADE AVAILABLE ON OR THROUGH THE ARTFIZZ PLATFORM, SUCH SELLER MAY NOT LIST, POST OR OTHERWISE MAKE AVAILABLE THE APPLICABLE ARTWORK OR OTHER PRODUCT OR SERVICE ON ANY OTHER AUCTION, DEALERSHIP, OR LISTING SERVICE. FURTHERMORE, EACH SELLER HEREBY ACKNOWLEDGES AND AGREES THAT AT ANY TIME FOLLOWING PUBLICATION, SELLER’S LISTING MAY BE REMOVED BY ARTFIZZ (IN OUR SOLE DISCRETION).  SELLER FURTHER AGREES THAT IT WILL CONSUMATE THE SALE WITH A BUYER WITH A WINNING BID OR SUCCESSFUL OFFER WITHIN TEN DAYS OF CLOSE OF AUCTION.

NO AGENCY RELATIONSHIP: These Terms and Conditions do not, and shall not be deemed to, make either party hereto the agent or legal representative of the other for any purpose whatsoever. Neither party shall have the right or authority to assume or create any obligations or responsibility whatsoever, express or implied, on behalf of or in the name of the other, or to bind the other in any respect whatsoever.

You have the right to offer the property for sale, the property is now, and through and including its sale will be kept, free of all liens, claims and encumbrances of others, including, but not limited to, claims of governments or governmental agencies, and good title to and right to possession of the property will pass to the purchaser free of all liens, claims and encumbrances.

You have no reason to believe that the property is not authentic or is counterfeit. Where property has been imported into the United States, the property has been lawfully imported into the United States and has been lawfully and permanently exported as required by the laws of any country (including any laws or regulations applicable in the European Union) in which it was located.

Neither you individually nor—if you are a company or other entity—any person who owns, partly owns, or controls the company or entity, are subject to trade sanctions, embargoes, or any other restriction on trade in the jurisdiction in which you or it does business, as well as under the laws of the European Union, the laws of England and Wales, or the laws and regulations of the United States (collectively, “Sanctioned Person(s)”).

Where acting as agent (with Artfizz’s prior written consent), your principal is not a Sanctioned Person(s), nor owned (in whole or in part) by a Sanctioned Person(s), nor controlled by a Sanctioned Person(s).

If you are a Seller, you are solely responsible for all information relating to the item you are selling.  Your listing on Artfizz is exclusive, meaning you may not list the item anywhere else while it is for sale on Artfizz. Artfizz is not your agent. You are the owner of the property or have the right to sell it, and you have no reason to believe that the property is fake. You are not subject to sanctions and are not acting for another who is subject to sanctions.

<id=”buyer-representations-and-warranties”>BUYER REPRESENTATIONS AND WARRANTIES

Each Buyer acknowledges and agrees that (i) the Buyer fees associated with each bid submitted via the Artfizz Platform are binding and thus due and payable to Artfizz in accordance with these Terms and Conditions, and (ii) Buyer is responsible for all applicable government fees, taxes, and other fees for applicable artworks listed via the Artfizz Platform. If you decide to bid on an artwork that has been listed by a Seller on the Artfizz Platform, you acknowledge and agree that your bid constitutes the first step in expressing your interest to a Seller in the listed artwork but does not in and of itself create a formal contract between you as the Buyer and such Seller. It is the responsibility of a Buyer and Seller, respectively, to negotiate the terms of a binding transaction and enter into a formal contract. This contracting is outside of the scope of these Terms and Conditions and the Artfizz Services, neither of which bind the parties to each other. Buyer’s responsibility for any shipping, delivery or other fees shall be set forth in the agreement between the applicable Seller and Buyer.

Images and condition reports are not meant to be complete or a substitute for a Buyer assessing the condition of the lot themselves or through an agent you engage; they are for guidance only.  Nothing in the written or oral descriptions of a lot constitutes a representation of fact; they represent the opinions of the Seller and/or the author of the report.  Any statement made in the submission form, or in the process of submitting the artwork for sale, whether written or oral, whether made on the Artfizz Platform or elsewhere, cannot be relied on by you or others to be a warranty or representation by Artfizz not shall any such statement give rise to liability of Artfizz.

Artfizz reserves the right, in its sole discretion, to refuse your participation before, during, or after the sale. Artfizz has absolute discretion in all matters relating to bidding, including, but not limited to, identifying the winning bidder, handling mistakes or errors in bidding, re-opening bidding, cancelling the sale, and re-offering the property for sale. Artfizz is not liable for any errors in the bidding process.

For secondary/aftermarket sales the buyers commission is added on top of the submitted bid, sealed bid, buy it now amount, or offer. For all primary market purchases Artfizz’s commission is included in the submitted bid, sealed bid, buy it now amount, or offer.. If you are the winning bidder or buyer of a primary market purchase Artfizz’s non-refundable commission and applicable service fees will automatically be charged to your credit card and you will be connected to the Seller to complete the remainder of the transaction. All commission charges will be subject to a 2.99% processing fee based on the commission charge only, not the full bid/buy amount. The commission amount charged by Artfizz for Primary market sales is always part of (rather than added to) the final sale amount and the percentage amount taken by Artfizz is determined by the agreement made with the artist or seller.

INCREMENTAL BIDDING – By confirming your bid you agree that all bids that you submit are final and irrevocable and once placed, cannot be withdrawn. Higher bids will be automatically placed on your behalf by standard increments as you are outbid, up to your maximum bid amount. Artfizz may place bids below the reserve on behalf of the Seller, either consecutively or in response to other bids. The bidder who places the highest bid accepted by Artfizz will be connected to the Seller to complete the transaction. If you are the winning bidder, Artfizz’s non-refundable commission, applicable service fee, and any other amounts due will be automatically charged to the credit card (along with the applicable payment processing fee of Artfizz’s third party payment processing vendor) you have registered to your account.

SEALED BIDDING – You agree that all bids that you submit are final and irrevocable and once placed, cannot be withdrawn. In a sealed-bid auction all bidders simultaneously submit private bids, so that no bidder knows how much the other auction participants have bid. When the auction ends, the highest bidder is declared the winner of the bidding process. As other bids are private, you will not be notified if you are outbid. The bidder who places the highest bid accepted by Artfizz will be connected to the Seller to complete the transaction. If you are the winning bidder, Artfizz’s non-refundable commission, applicable service fee, and any other amounts due will be automatically charged to the credit card you have registered to your account.

BUY IT NOW – If you Buy It Now, Artfizz’s non-refundable commission, applicable service fee, and any other amounts due will be automatically charged to the credit card you have registered to your account and you will be connected to the seller to complete the transaction.

MAKE AN OFFER – By submitting your offer, you are agreeing that the amount you have entered is a legally binding offer that is final and irrevocable and, once placed, cannot be withdrawn. You will be notified within 48 hours if your offer is accepted. If your offer is accepted, Artfizz’s non-refundable commission, applicable service fee, and any other amounts due will be automatically charged to the credit card you have registered to your account.

The final sale amount plus any applicable taxes and fees must be paid to the Seller within 10 days of the auction closing date and artworks must be collected or shipped within 30 days of the auction closing date. Artfizz is not responsible for collecting sales tax, and you are responsible for paying any taxes in connection with the sale. Any potential sales tax exemption must be arranged with the Seller directly. All purchases are final and cannot be cancelled.

It is the Buyer’s sole responsibility to identify and obtain any necessary export, import, or other permit for the lot. Any notices in the lot description are for bidders’ general guidance only. Artfizz makes no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes.

Final bid amount excludes the Artfizz non-refundable commission and applicable service fees, any shipping and/or insurance costs, any applicable taxes, customs fees, and other amounts that may be due. Each lot is sold “as is” and in the condition that it is in at the time of the auction. Artfizz makes no representations or warranties of merchantability, fitness for a particular purpose, correctness of the lot description, images, or descriptions of the physical condition, size, quality, rarity, importance, medium, frame, provenance, exhibitions, literature, or historical relevance of any lot. No statement anywhere, whether oral or written, whether made in the lot description, an advertisement, a bill of sale, or elsewhere, can be relied on by you or others to be a warranty, representation, or shall give rise to the liability of Artfizz. Images and condition reports are not meant to be complete or a substitute for assessing the condition of the lot yourself or through an agent you may engage; they are for guidance only. Nothing in any written or oral descriptions of a lot constitutes a representation of fact.

Neither you individually nor—if you are a company or other entity—any person who owns, partly owns, or controls the company or entity, are subject to trade sanctions, embargoes, or any other restriction on trade in the jurisdiction in which you or it does business, as well as under the laws of the European Union, the laws of England and Wales, or the laws and regulations of the United States (collectively, “Sanctioned Person(s)”);

Where acting as agent (with Artfizz’s prior written consent), your principal is not a Sanctioned Person(s), nor owned (in whole or in part) by a Sanctioned Person(s), nor controlled by a Sanctioned Person(s);

None of the purchase price will be funded by any Sanctioned Person(s), nor will any party involved in the transaction, including, but not limited to, financial institutions, freight forwarders or other forwarding agents, or any other party, be a Sanctioned Person(s), nor owned (in whole or in part) by a Sanctioned Person(s), nor controlled by a Sanctioned Person(s), unless such activity is authorized in writing by the government authority having jurisdiction over the transaction or in applicable law or regulation; and

You are financially sound and know when and how you will pay for the lot if you are the winning bidder.

In addition to the price of an item, there may be additional Buyer fees that are due and payable upon placing a winning bid.  Seller and Buyer are responsible for finalizing the terms of sale completing the transaction.  Artfizz is not a party to agreements between Buyers and Sellers and takes no responsibility for the items or the outcome of the ultimate sale.

RELEASE

If you have a dispute with one or more Users of the Artfizz Platform (including merchants) or any other third parties, you release Artfizz (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, owners, employees, contractors, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

if you have any issues with other Users of the Artfizz Platform, you release Artfizz from any claims or liability and waive any protections to the extent permitted by law.

INDEMNITY

You agree to indemnify, defend, and hold Artfizz (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, owners, employees, contractors, and agents) harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expenses (including, without limitation, costs and reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any User or third party (each, a “Claim”) due to or arising out of (a) your use of the Artfizz Platform or Content, (b) information you provide or we obtain about you and your use of the Artfizz Platform, (c) your violation of this Agreement; (d) your violation of applicable laws or regulations or (e) the actions or inactions of any third party to whom you grant permission to use your user account to access the Artfizz Platform (including the sharing of your Credentials). Artfizz reserves the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to indemnify us, and you agree to cooperate with our defense of these Claims. You agree not to settle any matter without the prior written consent of Artfizz. Artfizz will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

You agree to make Artfizz whole for any damages or liability that is incurred as a result of your use of the Artfizz Platform, including covering the cost of defending any legal actions.

DISCLAIMERS

THE ARTFIZZ SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE ARTFIZZ PLATFORM: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

ARTFIZZ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE ARTFIZZ PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ARTFIZZ WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ARTFIZZ CANNOT ENSURE THAT A BUYER OR SELLER YOU ARE DEALING WITH WILL ACTUALLY COMPETE THE TRANSACTION OR HAS AUTHORIZATION TO DO SO.

AS PART OF THE ARTFIZZ PLATFORM, ARTFIZZ MAY ASSIST SELLERS IN THE CREATION OF THEIR LISTINGS (INCLUDING THE CONTENT OF SUCH LISTING) BUT IT REMAINS EACH SELLER’S RESPONSIBILITY TO MAKE SURE THAT ITS LISTINGS ARE ACCURATE. WHILE WE TRY TO MAKE SURE THAT ALL INFORMATION (INCLUDING PRICES) ABOUT AN ARTWORK OR ANY OTHER PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE ARTFIZZ PLATFORM BY A SELLER ARE COMMUNICATED ACCURATELY, WE ARE NOT RESPONSIBLE FOR ERRORS (INCLUDING TYPOGRAPHICAL) THAT MAY APPEAR ON THE ARTFIZZ PLATFORM (INCLUDING IN ANY LISTINGS). IF THERE IS INCORRECT OR MISLEADING INFORMATION GIVEN ABOUT THE PRICE, AVAILABILITY, DESCRIPTION, AUTHENTICITY OR CONDITION OF A PRODUCT OR SERVICE (INCLUDING, WITH RESPECT TO ARTWORKS POSTED, THE CONDITION) DUE TO AN ERROR (INCLUDING TYPOGRAPHICAL), ARTFIZZ IS NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION BUT WILL ATTEMPT TO CORRECT SUCH ERROR PROMPTLY. WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY LISTINGS FOR ARTWORKS OR OTHER PRODUCTS AND SERVICES LISTED WITH INCORRECT OR MISLEADING INFORMATION.

DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. ARTFIZZ ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY CONTENT, YOU DO SO AT YOUR SOLE RISK. ARTFIZZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE ARTFIZZ PLATFORM OR ANY ONLINE SERVICES LINKED TO THE ARTFIZZ PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL ARTFIZZ BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE ARTFIZZ PLATFORM, ANY CONTENT POSTED ON OR THROUGH THE ARTFIZZ PLATFORM, OR CONDUCT OF ANY USERS OF THE ARTFIZZ PLATFORM, WHETHER ONLINE OR OFFLINE. YOU USE THE ARTFIZZ PLATFORM AT YOUR OWN RISK. SOME AREAS OF OUR ARTFIZZ PLATFORM OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH ARTFIZZ OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. ARTFIZZ CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE ARTFIZZ PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

You use the Artfizz Platform at your own risk.  The language in bold capitalized letters is really important so you probably want to go ahead and read through it.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE (AND OUR AFFILIATES, SERVICE PROVIDERS, PARTNERS, AND OUR AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, CONTRACTORS, AND AGENTS) OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE ARTFIZZ PLATFORM INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ARTFIZZ IS NOT LIABLE, AND YOU AGREE NOT TO HOLD ARTFIZZ RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF, OR YOUR INABILITY TO USE OR ACCESS THE ARTFIZZ PLATFORM; (2) DELAYS OR DISRUPTIONS IN THE USE OR ACCESS TO THE ARTFIZZ PLATFORM; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR USING THE ARTFIZZ PLATFORM; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE ARTFIZZ PLATFORM; (5) ACTIONS, OR INACTIONS OF OTHER USERS; (6) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR USER ACCOUNT; OR (7) YOUR NEED TO MODIFY THE INFORMATION YOU PROVIDE OR YOUR BEHAVIOR AS A RESULT OF CHANGES TO THIS AGREEMENT.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE ARTFIZZ PLATFORM OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID ARTFIZZ IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT NEITHER OUR AFFILIATES, SERVICE PROVIDERS OR PARTNERS NOR THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, CONTRACTORS AND AGENTS WILL HAVE ANY LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO IN THOSE STATES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

You agree that we are not liable for anything to the greatest extent permitted by law.  Again, you use the Artfizz Platform at your own risk.  This language is also in bold and all caps so you probably want to go ahead and read through it too.

THIRD PARTY SERVICES AND ADS

The Artfizz Platform might contain links to third-party websites, apps or other services (e.g., social media platforms), and advertisements for third parties (collectively, “Third-Party Services & Ads”). Such Third-Party Services and Ads are not under the control of Artfizz and Artfizz is not responsible for any Third-Party Services and Ads. Artfizz provides these Third-Party Services and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and Ads. When you use Third-Party Services and Ads, you do so at your own risk. When you link to Third-Party Services and Ads, the applicable third party’s terms and policies apply, including the third party’s privacy policies.

There may be links on the Artfizz Platform to other websites, services, or advertisements.  We do not control these links or ads, so if you rely on them or click on them, it is at your own risk.

THIRD PARTY AFFILIATE MARKETING

We may participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our Artfizz Platform. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.

If you click on links on Artfizz, we might make some money.

LOCAL REGULATIONS

Artfizz makes no representation that the Artfizz Platform or Content are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Artfizz Platform or Content from other locations, you do so on your own initiative and at your own risk.

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

Artfizz makes no representation that the Artfizz Platform is appropriate or available outside the United States.  If you access the Artfizz Platform from outside the U.S., you agree to take full responsibility for laws applicable in your location.

TERM AND TERMINATION

These Terms and Conditions apply to you as soon as you access the Artfizz Platform by any means and continue in effect until they are validly terminated. As described below, some terms remain applicable even after termination.

Artfizz may, in its sole discretion, terminate your participation (including your password, account (or any part thereof)) or use of the Artfizz Platform, or remove and artwork any User Content or information stored, sent, or received via the Artfizz Platform without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Artfizz Platform (including through the sharing of your Credentials), (ii) any unauthorized access or use of the Artfizz Platform (including through the use of your Credentials), (iii) any violation of this Agreement, or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the Artfizz Platform. You may terminate your user account for any reason or no reason. Termination, suspension, or cancellation of this Agreement or your access rights to the Artfizz Platform shall not affect any right or relief to which Artfizz may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Artfizz and its licensors and all rights granted by you to Artfizz shall survive in perpetuity.

Notwithstanding any termination, suspension, or cancellation of this Agreement or your access rights to the Artfizz Platform, these Terms and Conditions and the Privacy Policy will survive.

These Terms and Conditions apply to you as soon as you access Artfizz.  Artfizz may terminate your access at any time.  And pretty much all the rules continue to be effective even after termination.

ENTIRE AGREEMENT

These Terms and Conditions (including the Privacy Policy and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Artfizz Platform) constitutes the entire agreement between you and us regarding the use of the Artfizz Platform. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. If any provision of these Terms and Conditions is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms and Conditions will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

These Terms and Conditions, which incorporates all of the other legal language found on the Artfizz Platform, is the entire agreement between you and Artfizz. The rules still apply even if we don’t always enforce them. And if any part of these Terms and Conditions is determined to be unenforceable, it does not affect the rest of the Terms and Conditions.

CHANGES TO THIS AGREEMENT

We may revise, amend, modify or alter these Terms and Conditions at any time by posting an updated version on the Artfizz Platform.  You consent and agree to our posting of an updated these Terms and Conditions on the Artfizz Platform. You should visit this page or section regularly to review the current version of these Terms and Conditions. Your continued use of the Artfizz Platform will be deemed as irrevocable acceptance of any revisions.

We can make changes to these Terms and Conditions at any time. We will post updates and/or provide you with notice.  As long as you keep using the Artfizz Platform, you agree to these terms.

DISPUTE RESOLUTION (ARBITRATION CLAUSE AND CLASS ACTION WAIVER)PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and Artfizz arising under or related in any way to these Terms and Conditions, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Artfizz Platform.

YOU AGREE THAT BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU AND ARTFIZZ ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND ARTFIZZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Artfizz must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of the following locations: Los Angeles, CA or New York, NY. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in the County of New York, New York. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York County, New York.

Except for intellectual property disputes, you and Artfizz waive your rights to a jury trial and agree to arbitrate any conflicts that may arise.

GOVERNING LAW

These Terms and Conditions shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction.

New York law applies no matter where you are.

NOTICE TO CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users of the Artfizz Platform are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Californians have some additional rights.

Copyright © 2020, Artfizz. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Artfizz Platform are our property or the property of other third parties. Artfizz reserves all intellectual property rights to its copyrights, trademarks and service marks.

If you have any questions about these Terms and Conditions, you may contact us by email at legal@artfizz.com.

To sell, bid or buy on Artfizz, you will need to create an account by following these 5 easy steps.

Already have an account?

Step 1/5: Create Account

You will need to complete all five registration steps to be able to bid

Step 2/5: Personal Details

You’ve created a basic account and can now comment on and favorite listings. To buy and sell works please complete the remaining few steps.

Step 3/5: Address Details

Step 4/5: Photo ID

Identity verification is only required for artworks and transactions over $10,000. Please keep Artfizz a secure and safe place for its users and upload a photo of your ID below.

Step 5/5: Payment Details

Please enter your credit card information below. The name on your Artfizz account must match the name on the card.

Registration is free. Only if you are the winning bidder will Artfizz charge it's applicable commission to this card. It will not be used for any other charges.

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