Terms & Conditions - Artfizz

ARTFIZZ TERMS AND CONDITIONS OF USE POLICY

This Terms and Conditions of Use Policy 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; 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 Policy.

Some of the most important language bears repeating, so even though these terms are found in the main part of the Agreement, 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):

BY ACCESSING OR USING THE ARTFIZZ SITE AND 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 SITE OR SERVICES.

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

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 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 LEGAL POSSESSION.

Please make note of the following:

The Artfizz website, mobile app or other Artfizz services operated by Artfizz or one of its affiliates may also be referred to as “the Artfizz Platform”, “we”, “us”, or “our”.  You may be referred to also as “user” even though we tried really hard to come up with a better term.  The term “user” refers only to your actual use of the Artfizz Platform and not any personal choices or personality defects!

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 full Terms and Conditions of Use Policy below 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 (and had fun doing it!), it is the actual language of the Terms and Conditions of Use that controls.

TERMS AND CONDITIONS OF USE POLICY

COMPLETE AND UNABRIDGED (BUT THOUGHTFULLY ANNOTATED). REVISED: OCTOBER 29, 2020

  1. APPLICATION AND ACCEPTANCE OF THIS AGREEMENT

These Terms of Use (including the binding arbitration provision located here) along with our Privacy notice and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Artfizz Platform (collectively, the “Agreement”) that are owned or operated by Artfizz are a contract in electronic form between you and Artfizz. This Agreement applies to the extent you use the Artfizz Platform to (a) act as a “Buyer” submitting bids expressing an intent to purchase artworks or other products and services listed by Sellers on the Artfizz Platform, (b) act as a “Seller” submitting information in connection with the listing of a artwork or other product or service on a Artfizz Service by Artfizz on your behalf or (c) as a visitor, registrant or user in any other capacity permitted by these terms (together with “Buyers” and “Sellers”, collectively, “Users”). This Agreement sets forth the legally binding terms governing your access and use of the Artfizz Platform. This Agreement applies 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 of Use is a binding contract between you and Artfizz, whether you are using the Artfizz Platform as a Buyer, a Seller 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, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics and interactive features generated, provided, or otherwise made available through or in connection with the Artfizz Platform. We make no representations or guarantees about any aspect of the Artfizz Platform and Content and do not endorse any opinions expressed by any Users. ARTFIZZ PLATFORM AND ALL CONTENT ARE PUBLISHED “AS IS” AND YOUR USE OR RELIANCE ON ARTFIZZ PLATFORM OR ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY ARTFIZZ PLATFORM OR ANY CONTENT.

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

  1. OUR ROLE

The Artfizz Platform include 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 User 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. For any payment processing related to Purchases made on the Artfizz Platform, if the Seller or third party responsible for the applicable artwork or other good or service selects a payment processing method that uses a third party to process the payment, then we do not process that payment transaction.

As part of the Artfizz Platform, Artfizz may assist Sellers in the creation of their listings (including the content of such listing) 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 LEGAL POSSESSION.

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

  1. MATERIAL ON ARTFIZZ

WARNING REGARDING MINORS: The content of and materials displayed on Artfizz are 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 Artfizz 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.  

All content on Artfizz, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material (“Material” or “Materials”), is protected by copyright under the laws of the United States as well as other countries, and are owned or controlled by Artfizz or by third parties that have licensed their Material to Artfizz. Artfizz authorizes you to view and download a single copy of the Material solely for your personal, non-commercial use. All rights in and to the Material 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 Material may violate copyright, trademark, and other laws. You may not sell, prepare derivative works based on or modify the Material (including, without limitation, preparation of summaries of the Material or “thumbnails” of any images therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material 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 Material within the scope of the limited personal license granted herein, you must retain therein, unmodified and unobscured, any and all copyright and other proprietary notices contained in the original Material. Some of the Material 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 Material on your Artfizz, 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 content while you browse the Artfizz website, any other use of content could be a problem.

You will not in any event 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 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, data, Material, or information 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 Material 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 the Agreement, your permission to use the Material and Artfizz automatically terminates and you must immediately destroy any copies you have made of the Material.

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.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Artfizz the following information:

  • 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, our Artfizz Platform have designated an agent to receive notices of claims of copyright infringement who can be contacted at: legal@artfizz.com. 

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 e-mail 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 material that has been removed or to which access has been disabled, and the location at which the material 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 material was removed or disabled as a result of a mistake or misidentification of the material 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 material 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.

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. 

4. PRIVACY POLICY

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. We will use your 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 information. Please take a moment to review our Privacy Policy. The Privacy Policy is incorporated into this Agreement and forms part of the Agreement.

We do not knowingly collect Personal Information from children under the age of 13 through the Web Site. 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 endeavor to delete that information from our databases.  In any event, Artfizz’s 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!

  1. REGISTRATION, PASSWORDS, AND SIGNATURES

In consideration of your use of Artfizz, you agree to the terms as set forth in the Privacy Policy, and to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form that you may fill out on Artfizz (such information being 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 the Company has grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (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.

  1. ACCURACY OF YOUR INFORMATION & COMMUNICATION METHODS

The information you submit to us through the Artfizz Platform, including as part of your account creation, registration or membership, or for any listings, must be truthful, accurate and current. The information you submit to us through the Artfizz Platform or otherwise is subject to our Privacy Policy. You are responsible for maintaining the accuracy of such information. If we believe that your information is not truthful, accurate or current, we have the right to terminate, suspend or refuse you access to the Artfizz Platform.

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.

  1. 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, or other content you provide us, including any listings that appear on the Artfizz Platform (regardless of any role that Artfizz has in the listing)), except any Feedback. 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.

You hereby grant, and you represent and warrant that you have the right to grant, to Artfizz an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, 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.

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 transacting for a Purchase involving 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 our 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.  

  1. USER SUBMISSIONS & COMMENTS

Unsolicited Submissions

You agree that we may use information/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 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 MATERIAL 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.

Comments

You agree that anything you send, including but not limited to: creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content including but not limited to Comments, that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain material that is libelous or otherwise unlawful, hateful, embarrassing, abusive, obscene, or otherwise objectionable to another User or any other person or entity.  Further, nothing you post will contain any computer virus or other malware that could in any way affect the operation of the Artfizz Service or any related website. 

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.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

  1. 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.

  1. PURCHASES, FEES, AND COMMISSIONS

The Artfizz Platform supports three types of transactions (for more details, please see How it Works):

  • Primary market sales through agents or representatives (like galleries or art consultants), or on behalf of unrepresented artists;
  • Secondary market sales; and
  • Full-service transactions.

For every type of transaction, the following terms and conditions apply:

  • LISTING.  When Sellers list artwork or any other products or services for sale, they will be responsible for paying any listing fees, and/or fees for additional Artfizz services as detailed and set forth in further detail 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 purchasing 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”). A Seller may reduce or waive a Reserve 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 (and likely will) not include fees and taxes, transfers of title, certificates of authenticity, condition reports, appraisals, and any other fees incurred in addition to the sale price. A Seller may add any or all of the foregoing or any other taxes and fees to the listed price when calculating the final sale price to charge a Buyer.  All amounts listed on the Artfizz Platform are in U.S. dollars.

  • COMMISSION. Upon the acceptance of the winning bid, Artfizz is immediately and automatically paid its commission on the transaction,.  Artfizz’s commission will be 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 party obligated to pay the commission is obligated whether the sale ultimately closes or not.  

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

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

Full Service Transactions:  A full-service option may be available to Sellers of high-value items.  In full service transactions, in addition to the commission, Seller will pay Artfizz a flat fee for additional services.  For details and more information, please see How it Works.

  • 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.  Under no circumstances may Buyer renegotiate the amount of the winning bid or any of the associated fees.

  • SHIPPING.  Buyer and Seller will arrange shipping by mutual agreement.  Buyer is responsible for paying all packing, transport, and insurance costs, unless otherwise mutually agreed with Seller.

  • ARRANGING PAYMENT. Buyer and Seller are responsible for arranging for payment of the winning bid amount, shipping costs, sales and/or use taxes, and any applicable customs or duty charges. The method for making payment will be mutually agreed upon by Buyer and Seller.  You agree to pay any applicable fees, including, without limitation, any applicable sales, use, or similar taxes or charges, as well as any customs or international duties. 

  • PAYMENTS TO ARTFIZZ. All payments made by you to Artfizz shall be 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. 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 you make directly from a Seller on or through the Artfizz Platform, you and Seller will agree on the method of payment.  Artfizz does not process the actual sales transaction.  You agree to abide by the terms and conditions and applicable policies required by the third-party payment processing company or platform.   

  • FAILURE TO PAY. In the event that Buyer fails to pay, or the sale fails to close for any reason, Artfizz retains all amounts paid for the listing as well as its commission 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.  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.

  1. SELLER ACKNOWLEDGMENT

If you or any other User 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 the Agreement.

IN THE EVENT A USER ACCESSES OR USES THE ARTFIZZ PLATFORM TO SELL AN ARTWORK OR OTHER PRODUCT OR SERVICE AS A “SELLER,” ANY SUCH USER 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).

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.  You are also responsible for making all arrangements with the Buyer to complete the sale.

  1. BUYER ACKNOWLEDGMENT

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 the Agreement, and (ii) Buyer is responsible for all applicable government fees and taxes 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 non-binding step in expressing your interest to a Seller in the listed artwork and 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 this Agreement and the Artfizz Platform, neither of which bind the parties to each other. Buyer’s responsibility for any shipping or delivery fees shall be set forth in the formal agreement between the applicable Seller and Buyer.

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.

  1. YOUR 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:

  • 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 this Agreement, 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.

  • Your Materials 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 material or information of any kind, including, without limitation, any images or other material 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, material or information could expose you to criminal and/or civil liability. 

  • Content Posted by You Must be Yours. You may not store, upload, post, transmit or otherwise distribute or facilitate the distribution of User Content, material 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, material 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, material 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, material 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.

  • 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.

  • 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 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 what we believe to be potentially fraudulent funds.

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

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.

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 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.

  1. 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 material 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 material 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 materials that are believed to violate this Agreement. 

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 this Agreement.  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. 

  1. 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, 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 WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

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.

  1. INDEMNITY

You agree to indemnify 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, 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 (in other words, pay) 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.

  1. 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 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 MATERIAL, 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 MATERIAL, 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.

  1. 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, 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, 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.

  1. 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.

  1. 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.

  1. 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 our platform is appropriate or available outside the United States.  If you access our platform from outside the U.S., you agree to take full responsibility for laws applicable in your location.

22.TERM AND TERMINATION

These Terms of Use 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 Credentials (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 (refer to enforcement above?), 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, the following provisions of this Agreement will survive: Sections 2 – 28.

The terms of this Agreement 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.

  1. ENTIRE AGREEMENT

This Agreement (including the Privacy notice 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 this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement 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.

This Agreement, which incorporates all of the other legal language found on the Artfizz website, 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 the Agreement is determined to be unenforceable, it does not affect the rest of the Agreement.

  1. CHANGES TO THIS AGREEMENT

We may revise, prospectively, this Agreement by posting an updated version on the Artfizz Platform or by providing you with notice (by email or other notification through the Artfizz Platform). You consent and agree to receive notices of updates to this Agreement through our posting of an updated Agreement on the Artfizz Platform. You should visit this page or section regularly to review the current version of the Agreement. Your continued use of the Artfizz Platform will be deemed as irrevocable acceptance of any revisions.

We can make changes to this Agreement 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.

  1. 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 this Agreement, 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 any of the Artfizz Platform.

YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, 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 New York City, 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 City, 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.

26. GOVERNING LAW

This Agreement 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.

27. 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.

  1. COPYRIGHT/TRADEMARK INFORMATION

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. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Artfizz reserves all intellectual property rights to its copyrights, trademarks, logos and service marks.  You need permission to use any of it.

  1. CONTACT US.

If you have any questions about this Agreement, you may contact us by email at legal@artfizz.com.