Any person who wishes to access the Site to sell goods or to use the other services provided on the Site (collectively, the "Services") must accept the terms and conditions of this User Agreement, without change.
PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
The Art Seen LLC (hereinafter "Theartseen" or "Theartseen.com") reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. You can review the most current version of this Agreement at any time on our Site. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING THEARTSEEN'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
1. Eligibility.
Use of the Site and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services without the permission of a parent or guardian. Every person who uses the Services hereby represents to Theartseen that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number and email address, along with other information that may be required from time to time.
2. Applicable Policies and Guidelines.
You agree to abide by the procedures and guidelines for conducting and participating in transactions on the Site, which are contained in the art sales policies pages and are incorporated by reference into, and made part of, this Agreement. The policies, procedures and guidelines contained in the art sales policies pages explain the processes and set out acceptable conduct and prohibited practices. These policies, procedures and guidelines may be changed by Theartseen in the future, and will be effective immediately upon posting, without notice to you. You should regularly refer to the Help Pages to understand the current procedures and guidelines related to the Site.
3. Theartseen is not an Auctioneer.
It is important to realize that we are not an auction site or art reseller. Instead, The Theartseen site is a direct marketplace and acts as a venue to allow The Art Seen LLC to sell products and customers to buy certain products at anytime, from anywhere, using a variety of payment methods and in a variety of pricing formats. We sell only original art works, prints, crafts and products by the artists themselves.
4. Theartseen's Role and Responsibilities.
o Theartseen.com is a Direct Marketplace.
Theartseen itself is the seller of the products and items offered on Theartseen web site, Theartseen.com. Theartseen does not undertake responsibility for the product listing, product descriptions, identification of quantities or quality, establishment of prices, and shipping of any item sold by artists on Theartseen.com. Theartseen does not take responsibility for the costs of shipping items sold on Theartseen.com. Theartseen does take responsibility for any items produced, created and/or shipped by Theartseen.com.
o Theartseen Represented Artists.
The artists represented on and in Theartseen Direct Marketplace, (Artists), are each Theartseen to be approved.
In this agreement between the Artists and Theartseen, Theartseen is the seller of the product and the Artist is the supplier of the products. To ensure Theartseen buyers the ability to shop in a private and secure environment and with confidence in the products we represent, every Theartseen Artist may be required to go through a thorough application process including verification of references before they are approved to list products on the Site.
Although Theartseen does not own, warehouse, ship or otherwise manage any inventory or goods offered by Theartseen, those Artists who do not meet Theartseen's service standards can and will be removed from the site at any time. Theartseen handles all payment processing for orders off the site or from Theartseen Catalogue. Theartseen's Customer Service Department provides assistance for all issues to ensure a positive Theartseen experience.
Theartseen.com Artist and Customer Payments.
Theartseen currently accepts credit card/debit card payments for orders on Theartseen.com. Theartseen honors Visa, MasterCard, Discover, and American Express. As a customer, you warrant that any payment method selected by you when placing a bid shall enable you to make full and immediate payment for the item(s) chosen. In the event that the chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, Theartseen may in it sole and absolute discretion cancel your order. At Theartseen's sole discretion, but without any obligation, alternate payment methods may be arranged with the product purchaser(s) in the case where a payment method has been declined.
Theartseen Artists who sign this agreement and who sell work through either our Site or our Catalogue, agree to accept payment for each of their pieces sold after the close of each transaction between Theartseen and Theartseen Customers who have purchased the piece. A transaction is considered closed after 30 days has elapsed from the date of sale to the customer. These 30 days are the time allowed for customers to notify us of a return request. Payments will be made in the form of a Theartseen company check and will be sent via mail to the Artist each time a transaction is closed for the sale of the Artists own work is completed on out website.
Artists, upon the close of the sale of their artwork, will receive an amount equal to the sum of the sales price and the shipping amount entered by the artist for the artwork, less Theartseen's sales commission of 35%. The final sales price appearing on Theartseen's Site and in Theartseen's Catalogues at its discretion and may be changed at any time. All sales transactions are considered finalized and closed 30 days from the date of sale to the buyer. The term closed or finalized is dependent upon the buyer's acceptance of the artwork purchased in each transaction with no item return issued within (30) thirty days. Once this time period has elapsed and the buyer has not returned or notified us of a return of the item purchased, the sale is considered closed and you will then be paid. Payments are made either directly to your bank account, by bank wire, or by the US Mail, and a Theartseen company check at our discretion. Upon sales of your prints and artworks, Theartseen agrees to notify you of the sale, and will also guide you, as needed through the entire process, from shipments to payments.
Payments are made individually for each piece sold. Taxes, shipping, insurance, and framing may be added at the discretion of Theartseen to the final sales price and will not be included in the agreed upon price set between Theartseen and the Artist to be received by the Artist, from which comes Theartseen's 35% commission.
5. Theartseen's Reservation of Rights.
Theartseen retains the right, but does not have the obligation, to immediately halt any product sale, prevent or restrict access to the Site or the Services, or take any other action in case of technical problems, objectionable material, inaccurate listings, inappropriately categorized items, inaccuracies, product inaccuracies, unlawful items, items, procedures, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of Theartseen, and to correct any inaccurate listing, auction inaccuracies, product inaccuracies, inappropriately categorized items or technical problems on the Site.
6. Artist Obligations.
Artists create different obligations by accessing the Site and using the Services.
o If an Artist enters and item for sale by means of The Art Seen LLC, its site or its catalogue, the Artist must sell the item to any buyer who elects to purchase the item through the Theartseen, its website or its catalogue. Once the transaction is closed, the Artist is obligated to complete the transaction in a timely manner, which may include packing and shipping the item to an address specified to them by Theartseen or, by its business partners. Shipping charges incurred in the shipping of sold pieces of art are the sole responsibility of the Artists.
o Each transaction in the Theartseen Direct Marketplace is a legal offer to sell and to buy the product represented and the Artist is obligated to complete the transaction. Once an item sells, the Artist may not retract the item from sale. Completed sales are not retractable unless the item is no longer available due to outside sale.
o If an item purchased through Theartseen.com or the Theartseen Catalogue is being shipped to a state requiring taxes to be paid, Theartseen must charge sales/use tax on the transaction. Theartseen will accept resale certificates only if submitted before the sale of the item.
7. Password Security.
Your password may be used only to access the Site, use the Services, electronically sign your transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third-party (other than third-parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password.
8. Access and Interference.
The Site may or may not contain robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary of or is licensed to Theartseen. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose. Additionally, you agree that you will not: (a) take any action that imposes, or may impose, in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except as otherwise provided herein); (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
9. Illegal Activity
o Compliance with Laws; Fraud.
The Site and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to offering for sale, and purchasing items. You may not register under a false name or use an invalid or unauthorized credit card. You may not make purchases under a false name, impersonate any participant, or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and Theartseen will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
10. Breach.
Without limiting other remedies, Theartseen may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if Theartseen or any Agent of Theartseen is unable to verify or authenticate any information you provide to Theartseen; or (c) if Theartseen believes that your actions may cause legal liability for you, other Theartseen users or Theartseen.
11. Privacy, Monitoring and Disclosure.
o Theartseen is committed to protecting your privacy. Check the website for its general Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. Theartseen may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants, which is accessible from the Site or disclosed to you by Theartseen except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited email, or spamming, harassment, invasion of privacy, otherwise objectionable conduct, or otherwise inconsistent with our privacy policy.
o Investigation.
As permitted by applicable law and consistent with our privacy policy, Theartseen has the right, but not the obligation, to monitor any activity and content associated with this Site. Theartseen may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site. Theartseen reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.
o Disclosure of Information.
As permitted by applicable law, Theartseen also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other-third parties. In order to cooperate with information requests, to protect Theartseen's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of Theartseen's business and systems or other purposes deemed reasonable by Theartseen, Theartseen may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history, and posted content.
12. No Warranties.
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. CUSTOMER'S USE OF AND RELIANCE THEREON ARE AT CUSTOMER'S OWN AND SOLE RISK. THEARTSEEN MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
o THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
o THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
o THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS BY THEARTSEEN, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT CERTIFIED MERCHANTS WILL PERFORM AS PROMISED;
o ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
o ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF Theartseen.
13. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THEARTSEEN.COM DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM THEARTSEEN.COM OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
14. General Release.
BECAUSE THEARTSEEN.COM IS THE SELLER IN ANY SALES TRANSACTIONS ON OUR SITE AND THROUGH ITS CATALOGUE, IF A DISPUTE ARISES YOU AGREE TO RELEASE THEATSEEN.COM (AND ITS AFFILIATES, AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY THEARTSEEN.
15. Limitation of Liability.
THEARTSEEN.COM AND THEARTSEEN, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
16. Indemnity.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THEARTSEEN AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH: (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
17. Applicable Law.
THE LAWS OF THE STATE OF CALIFORNIA GOVERN THIS AGREEMENT AND ALL OF ITS TERMS AND CONDITIONS. WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS.
18. Arbitration.
YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN SAN FRANCISCO, CALIFORNIA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR THEARTSEEN MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN SAN FRANCISCO, CALIFORNIA, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR THEARTSEEN PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
19. Disputes.
Although Theartseen is the seller in the actual transaction between the products represented on its Site and in its Catalogue and the buyers who use our services, it is not the agent of either for any purpose other than the sale of represented items. Theartseen does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such transaction.
20. Licenses.
Theartseen.com grants a limited license to each participant to make personal use only of the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services (other than those in accordance with this Agreement), making any derivative of the Site or the Services, the collection and use of participant email addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever.
21. Termination.
Theartseen, in its sole discretion, may terminate or modify this Agreement, access to the Site or the Services, or any current transaction immediately without notice for any reason.
22. Copyright.
If you believe that you have been defamed in some manner by the Theartseen website or Catalogue, or your own work has been copied in a way that constitutes copyright infringement, please provide Theartseen with the following information in writing: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or the person defamed, along with your address, phone number, and email address; (b) a description of the defamatory material, or the copyrighted work that you believe has been infringed, and a description of where the material that you claim is defamatory or infringing your rights is located on the Theartseen website; (c) a statement by you that you have a bona fide, good faith belief that the defamatory activity has occurred or that the use by a third party of your proprietary rights is not permitted by the copyright owner or by law; and (d) a statement that the information provided is accurate and that, under penalty of perjury, you are the allegedly defamed party or the copyright owner or authorized agent to at on the copyright owner's or allegedly defamed person's behalf.
Theartseen Agent to receive the foregoing information related to copyright infringement or defamation on its site is:
General Counsel
c/o The Art Seen, LLC
PO Box 40156
San Francisco, CA 94140-0156
email: info@Theartseen.com This email address is being protected from spam bots, you need Javascript enabled to view it
23. General Provision
o Entire Agreement.
This Agreement and the general terms, conditions set forth on the Site, including but not limited to those set forth in the Help Pages, Privacy Policy and Legal Pages, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
o No Agency; Third-Party Beneficiary.
Theartseen is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Theartseen, its Artists and Customers.
-Severability.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
-No Waiver.
Theartseen's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Theartseen's right to subsequently enforce such provision or any other provisions of this Agreement.
