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Jose Art Gallery Terms for artists

Effective date: May 22, 2017

These Terms for artists govern use of the Website during its normal operation by artists and intermediaries (“you”). These Terms for artists are part of Jose Art Gallery’s Terms of use.

Your use of the Website is conditioned by acceptance of these Terms for artists. Once you access the Website you express your consent to be legally bound and responsible for compliance with these Terms for artists. Please leave the Website immediately and don’t make any actions on the Website if you disagree with any of the following rules. You can contact our support by email (support@joseartgallery.com) should you need any additional clarifications.

1. Definitions

“Artist” means an individual who created the artwork and owns moral and economical intellectual property rights to the artwork.

“Intermediaries” means curators and galleries. Curators and galleries are persons, whether legal or natural, which on the contractual basis represent certain artists to distribute their artworks. While both curators and galleries have similar possibilities to sell artworks through Website, galleries can access wider scope of Jose Art Gallery’s services on the Website.

“Listing” means a dedicated page on the Website, containing visual reproductions of artwork, detailed information about artwork, reference to artist and/or intermediary selling it, conditions for sale of artwork (such as price and reprint options) and other information.

“Sale of artworks” means transfer of original or printed tangible medium, depicting or otherwise incorporating intellectual property of artist as represented in respective listing. Neither intellectual property rights, nor exclusive and non-exclusive licenses are transferred to buyers as a result of sell of any artwork on the Website.

Other capitalized terms used herein shall have the same meanings assigned in the Terms of use, unless otherwise specified herein.

2. Terms of sale

Jose Art Gallery offers registered artists and intermediaries a possibility to sell listed artworks all over the world through the Website. These possibilities include creation of accounts and listings, public display of portfolios, organization of shipments and other activities online or offline.

Registration on Website is possible for artists and intermediaries, invited by Jose Art Gallery. You may fill a respective form on the Website to receive your invitation. To complete a registration procedure, you will be asked to provide certain personal information according to Privacy policy available at http://jag.in.ua/privacy-policy/.

You will also be required to pass a verification procedure by:

  1. Receiving a SMS containing the unique code. By entering this code, you verify artists’ or intermediary’s identity and express an agreement to sell artworks under these Terms for artists.
  2. Uploading a copy of governmentally-issued identification document (for example, passport, driver’s license or taxpayer’s ID).
  3. Providing your billing information.

You shall create a listing for each artwork you wish to sell. You will be required to upload a high-quality visual reproduction of artwork for each listing to allow buyers evaluate and choose it among others.

Be advised that:

  1. - Jose Art Gallery uses its own criteria and algorithms to place your listing among other listings. You will not be able to influence and change these criteria and algorithms;
  2. - Jose Art Gallery may require you to provide a higher-quality visual reproduction of artwork upon Jose Art Gallery’s discretion, especially if you would like to sell printed copies of it.

You may remove any of your listings on Website at any time without notification to JAG. You shall immediately mark your listing as sold, or remove it from the Website if an artwork or rights to artwork, represented by your listing, has been sold, given, gifted or otherwise transferred from you fully or partly outside of the Website.

Jose Art Gallery reserves a right to reject and disable accounts and listings and restrict your access to the Website fully or partly for any reason and without prior notices, including if you will upload any illegal or offensive content.

3. Intellectual property rights

Sale of artworks on the Website does not require you to transfer any intellectual property rights. Artists remain owners and reserve both moral and economical intellectual property rights to their artworks.

By accepting these Terms for artists, you:

  1. Grant Jose Art Gallery a limited, non-exclusive, perpetual, worldwide, transferrable royalty-free license and right to reproduce and otherwise use, reuse, change, display, print, reprint and broadcast artworks, listings, visual reproductions of artworks and all the supporting information provided by you in any language, form and medium wholly or partly for any commercial purposes as may be from time to time determined by Jose Art Gallery.

  2. Grant all visitors of the Website a limited right to:

    1. view your listings, visual reproductions of artworks you provide and all the supporting information;
    2. purchase artworks according to your listings.
  3. Appoint Jose Art Gallery as independent non-exclusive worldwide agent for resale, promotion, marketing and reprinting of listed artworks and attraction of buyers to the artworks, and authorize Jose Art Gallery to collect payments for the artworks sold on the Website.

  4. Warrant and guarantee that:

    1. you and artists own or have duly acquired all the necessary rights in and to the listed artworks (including, without limitation, intellectual property rights) and have a full right to use and sell them as specified herein;
    2. listed artworks will not violate or infringe any legal requirements, including without limitation:
      1. copyright, trademark or other intellectual property or proprietary right of any person;
      2. right of privacy or publicity, any obligation of confidentiality or create any other liability in tort;
    3. you are not a party to and listed artworks are not subject to any contract or arrangement that would conflict with these Terms for artists; and
    4. visual reproductions and descriptions of artworks you wish to sell will correctly reflect actual characteristics of represented artworks.

You may also publish articles on the Website. In this case, your publication will also be governed by our Terms of Use and Copyright policy.

4. Terms of payment

4a. Pricing

Provided that Jose Art Gallery’s agent fee for sale of artwork will not be lower than 35% percent of total price of the artwork, Jose Art Gallery allows you to determine both total price of the artwork and amount of Jose Art Gallery’s agent fee upon your sole discretion. However, only the total price of the artwork will be visible to buyers on the Website.

You may authorize Jose Art Gallery to create and sell printed copies of artworks, listed by you. In this case, you will also be required to determine total price of such copy and amount of Jose Art Gallery’s agent fee for sale of such copy, that should not be lower than 50% percent of total price. Upon your consent, Jose Art Gallery will print and sell unlimited number of printed copies of artworks, listed by you. You will be required to print and deliver these copies by yourself if you will choose to limit total number of printed copies of artworks, listed by you.

You will receive transactional messages to inform you about selection of artworks by buyers, completion of orders, certain details of payments, etc. Any sale of artwork may be at any time cancelled by Jose Art Gallery with or without explanation of reasons.

Jose Art Gallery reserves a right to apply promotional and/or discounted prices to artworks, listed by you. Amount of such discount shall be determined upon Jose Art Gallery’s discretion and shall be equally divided between Jose Art Gallery and you.

4b. Purchase and delivery

Once the payment for artwork will be credited to Jose Art Gallery’s account, we will instruct you to initiate shipment. This shipment will be made through third-party delivery companies designated by Jose Art Gallery, according to their policies and regulations. Jose Art Gallery will provide you with the necessary information to ensure a proper shipment. Jose Art Gallery is not responsible for the shipment made by these companies and cannot impact their terms of delivery.

You agree to:

  1. - submit the artwork to the office of third-party delivery company within 7 calendar days upon the receipt of Jose Art Gallery’s instruction; or
  2. - submit the artwork to courier of third-party delivery company at your location, as will be instructed by Jose Art Gallery.

4c. Security period

Payments for artworks are always made with a non-extendable security period of 7 calendar days (“Security period”). Upon the receipt of your artwork, buyers will be granted with this Security period to verify proper quality and fitness of artwork.

Buyers are required to provide their feedback about the purchase during the Security period. Payment for the artwork less Jose Art Gallery’s agent fee will be transferred to you upon your request if buyer confirms quality and fitness of purchase. Jose Art Gallery will return the payment to buyer if during the Security period buyer would like to turn back the artwork in its original condition.

Payment for artwork less Jose Art Gallery’s agent fee will be transferred to you upon your request if Jose Art Gallery will not receive buyer’s feedback about the purchase during the Security period or buyer will not be able to return the artwork in its original condition.

4d. Fees and taxes

Fees for delivery service of third-party delivery company will be covered by:

  1. - you, if the artwork will be submitted to the office of third-party delivery company; or
  2. - Jose Art Gallery, if the artwork will be submitted to courier of third-party delivery company at your location.

Prices on the Website are listed without any applicable fees, charges, taxes (including VAT, GST or others) and duties, all of which may be additionally charged from buyers during the payment procedure.

Jose Art Gallery reserves a right to withhold any deductions of custom duties, charges, levies or assessments or any taxes (including withholding tax) that are required to be withheld under the law of any applicable jurisdiction on any payments to you under these Terms for artists.

5. DISCLAIMER

WEBSITE, CONTENT AND SERVICES ARE PROVIDED «AS IS», WITHOUT REPRESENTATION, WARRANTY AND GUARANTEE OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. WEBSITE AND ITS CONTENT SHALL NOT BE SUBJECT TO MANDATORY SUPERVISION OR INTERFERENCE OF JAG. YOU ALWAYS USE THE WEBSITE, CONTENT AND SERVICES AT YOUR OWN RISK.

JOSE ART GALLERY FURTHER DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, CURRENTNESS, USEFULNESS, SUITABILITY, QUALITY AND SAFETY. JOSE ART GALLERY DOES NOT PROMISE, WARRANT OR GUARANTEE YOU THAT:

  1. - ARTWORKS WILL BE AVAILABLE FOR IMMEDIATE PURCHASE ON THE WEBSITE AND LISTINGS WILL BE PLACED ON ANY EXACT OR PREFERABLE LOCATION;
  2. - ANY RESULT OF THE CONTEXT IN WHICH BUYERS WILL USE THE ARTWORKS WILL BE ACCEPTABLE AND MEET YOUR EXPECTATIONS;
  3. - ANY ERRORS OR DEFECTS OF WEBSITE, CONTENT AND SERVICES WILL BE CORRECTED BY JOSE ART GALLERY;
  4. - ANY CONTENT WILL BE STORED OR MADE AVAILABLE THROUGH THE WEBSITE;
  5. - ANY DOCUMENTS REGARDING WEBSITE, CONTENT AND SERVICES WILL BE AVAILABLE AT ANY TIME;
  6. - JOSE ART GALLERY WILL CONTINUE TO SUPPORT ANY PARTICULAR SERVICE OR FEATURE OF WEBSITE AND CONTENT.

6. INDEMNIFICATION AND LIABILITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD JOSE ART GALLERY TOGETHER WITH ITS AFFILIATES, AGENTS, REPRESENTATIVES, CONTRACTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS (COLLECTIVELY, “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, SUITS, INVESTIGATIONS OR PROCEEDINGS AND ANY LOSSES, DAMAGES, COSTS, EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND REASONABLE ATTORNEYS’ FEES), JUDGMENTS, ASSESSMENTS, FINES, PENALTIES AND OTHER LIABILITIES INCURRED BY ANY INDEMNIFIED PARTY AS A RESULT OF, OR IN CONNECTION WITH, ANY BREACH OR ALLEGED BREACH OF ANY OF THESE TERMS FOR ARTISTS, ANY ACTIONS MADE ON THE WEBSITE USING YOUR LOGIN AND PASSWORD AND ANY PURPOSEFUL OR CASUAL USAGE OF THE WEBSITE. IN THESE CASES, YOU GRANT JOSE ART GALLERY WITH THE RIGHT TO ASSUME CONTROL AND DEFENSE OF ANY MATTER AT YOUR EXPENSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL JOSE ART GALLERY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH LOST BUSINESS, ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL OR OTHER BENEFITS, ARISING OUT OF OR RELATING TO THESE TERMS FOR ARTISTS, EVEN IF JOSE ART GALLERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT IN CONNECTION WITH PAYMENT OBLIGATIONS IN THESE TERMS FOR ARTISTS, JOSE ART GALLERY’S TOTAL MAXIMUM OBLIGATION, LIABILITY AND INDEMNIFICATION FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS FOR ARTISTS SHALL BE LIMITED TO ONE THOUSAND U.S. DOLLARS ($1,000 USD).

7. Term and termination

These Terms for artists shall enter into effective upon your acceptance and remain valid and enforceable until its termination. Both you and Jose Art Gallery are free to terminate these terms at any time with or without a reason by previous written notice. In case of termination all the outstanding obligations of Jose Art Gallery shall be deemed as unconditionally fulfilled.

8. Resolution of disputes and applicable law

These Terms for artists shall be deemed to have been executed in, and shall be exclusively governed by and interpreted in accordance with the laws of the Lithuania. Jurisdiction and venue for any claim or cause of action whether in law or equity, arising under or relating to these Terms for artists shall by exclusively the courts located in Vilnius, Lithuania, and both Parties herby consent to such jurisdiction and venue for this purpose. United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect these Terms for artists.

Any claims and actions against Jose Art Gallery shall be conditioned by negotiation between Parties during at least 30 calendar days before filing a claim or action.

9. General provisions

Website is not indented to be used by minors and underage persons (younger than 18 years). Jose Art Gallery does not knowingly interact with or grant access to the Website to minors and underage persons. Please contact JAG by email (support@joseartgallery.com) should you have any concerns about use of Website by minors and underage persons.

You may not assign, transfer or otherwise dispose these Terms for artists wholly or in partly to any third party without Jose Art Gallery’s prior written consent.

Jose Art Gallery’s failure to enforce any provision hereof at any time shall not be construed to be a waiver of such provision or of the right thereafter to enforce each and every provision herein.

If any provision, term, condition or other portion of these Terms for artists shall be held to be invalid, illegal, or unenforceable by any court of competent jurisdiction, the remaining portion of these Terms for artists will remain in full force and effect.

Jose Art Gallery reserves a right to change any of these Terms for artists at any time upon our sole discretion. Although Jose Art Gallery will notify you once any changes will become effective, you are advised to revise these Terms for artists from time to time.

These Terms for artists are written in English. Any translation hereof or any versions in a language other than English may be used be for convenience only. In the event of any discrepancy between this English version and any other version, the English version shall supersede.

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