Terms and Conditions

  1. We provide our Artists with a virtual marketplace for the sale of their original art and later on prints of their original art
    1. Artists can use our Online Art Gallery to advertise a wide range of their original art.
    2. We simply provide a virtual location for artists and art lovers a place to buy and sell art
    3. When an Artist sell a piece of artwork, they are entering into a contract directly with the Buyer.
    4. That means we don’t:
      1. become a party to or other participant in any contractual relationship between the two parties;
      2. act as a broker or insurer;
      3. create or own any artworks being sold on our Site;
      4. offer or supply any Goods and Services for sale;
      5. control or manage Listings of artworks;
      6. participate in the transactions or actual sale or resale of the artist.
      7. act as an agent for either party to a transaction or sale;
      8. act as an organizer or retailer of listed Artworks; or
      9. take part in the actual delivery of the sold Artworks.
  2. If an Artist uses the Site, the relationship with ArterNet Art is limited to being an independent, third-party contractor: Artists are not an employee, agent, joint venturer or partner of ArterNet Art for any reason, and they act exclusively on their own behalf and for their own benefit, and not on behalf, or for the benefit, of ArterNet Art. We do not, and shall not be deemed to, direct or control Artists generally or in their performance under these Terms specifically, including in connection with their provision of Artworks.
  3. Artists need to acknowledge and agree that they have complete discretion whether to list their original artworks or not.
  4. It’s important to us that our Online Art Gallery is safe: Artists must not act in any way that is dishonest, harmful or offensive.
    1. Operators, whether Artists or Buyers, will only use our Site if they trust other Artists and feel confident in the community on the Site. We can’t pre-screen Listings or monitor our entire Site, but if we become aware of any misuse of our services, we’ll take the appropriate action. This could be issuing a warning, removing content, disabling an account, banning an artist, or contacting the relevant authority.
    2. We may limit your activities on our Site based on your off-site conduct, such as criminal convictions, insolvency, or any other conduct that puts our community or systems at risk.
    3. You agree that we may disclose your personal information, including your name and contact details, as well as any transactional records, Site interactions or other relevant information, to the relevant authorities, parties and/or intellectual property rights holders.
    4. We may, without prior notice, take appropriate action such as removing or disabling access to any content:
      1. we deem to be in violation of applicable law, these Terms or our then-current policies and standards;
      2. that is inappropriate;
      3. that does not align with our brand values;
      4. that negatively impacts on the brand, look and feel of the Site;
      5. that otherwise may be harmful or objectionable to ArterNet Art, its Operators, third parties, or property;
      6. repeatedly uploaded by an artist that has not followed the ArterNet Art Photo Guidelines;
      7. if we receive reports or complaints that an artist has failed to provide their own original Artworks
      8. for whatever reason we decide.
  5. We provide you with a license to our intellectual property: We grant you a limited non-exclusive, non-sub licensable, non-transferable and revocable licence to use our Site, but we own the Site and you can’t copy it.
    1. The Site, ArterNet Art, and Artist Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of New Zealand. You acknowledge and agree that the Site and ArterNet Art Content, including all associated intellectual property rights, are the exclusive property of ArterNet Art and/or its licensors or authorising third-parties. The Artist will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, ArterNet Art Content or Artist Content. All trademarks, service marks, logos, trade names, and any other source identifiers of ArterNet Art used on or in connection with the Site and ArterNet Art Content are trademarks or registered trademarks of ArterNet Art in New Zealand and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, ArterNet Art Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
    2. We retain all of our intellectual property rights, including our rights in the software and source code used, to provide the Site and Services. You may not use, adapt, modify, reproduce, copy, store, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, publish or create derivative works from any part of the Site, or commercialise or on-sell any information obtained from the Site or our Services, without our prior written consent.
    3. No licenses or rights are granted to Artists by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.
  6. Our Services may change from time to time: We may restrict the availability of the Site or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the ArterNet Art Site. We may improve, enhance and modify the Site and introduce new Services, features and functions from time to time. We can also suspend or stop providing a Service altogether.
  7. Your membership as an Artist
    1. Becoming an ArterNet Art Artist: To use our services you'll need to register. We do have some eligibility terms. To become a artist on ArterNet Art Site, you must:
      1. be at least 18 years old and able to enter into contracts;
      2. complete the registration process and provide true, correct and up-to-date information.
    2. Founding ArterNet Art Members - Early Bird Special Subscription: The FAM - Early Bird Special initial subscription is deemed as part of our in-house crowd-funding and is therefore non-refundable.
    3. Data accuracy: It is up to you to keep all your details up to date and to hide your password. We may contact you to verify your details. Your membership is not transferable and can’t be sold, leased, lent or traded without our prior approval.
    4. Minimum Artworks: it is your responsibility to make sure you have at least 5 artworks on your page at any given time, or your page maybe deemed inactive.
    5. How we will contact you: We may contact you from time to time when we think something may be relevant and interesting for you. You can unsubscribe from most emails.
    6. Ending your membership: You can end your membership at any time, and so can we.
      1. If we have restricted or prohibited your access to our Services, we will have done this for a reason. You agree not to bypass these controls, for example, you agree not to create a new membership. If we have explained why your access to our Services has been restricted or prohibited, we reserve the right to cease further correspondence with you.
      2. If your membership is terminated by either of us, your ability to access our Site will end and you must stop using our Services.
  8. Artist commitments
    1. No unauthorised access or extraction of data: You may not use a robot, spider, scraper or other unauthorised automated means to access the Site or information featured on it for any purpose. You also may not manually scrape, harvest or otherwise extract data from our Site without our express permission.
    2. Stay onsite: You agree not to:
      1. use the Services or the Site to promote Goods or services for sale outside of the Services;
      2. complete a transaction, that started on ArterNet Art Site, outside of the ArterNet Art Site process; or
      3. seek to avoid our process. For the same reason, you mustn’t list your contact details anywhere other than in the relevant fields provided during the Listing process.
    3. If you post or upload any content to our Site, we have the right to use it: We may hold on to copies of your Listings even after you delete your membership. Our licence doesn’t affect your own rights to your content.
      1. You confirm that you either own or have permission to use all of the content that you post and upload when using our Services.
      2. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Vendor Content on or through the Site, you give us a licence or right to use your content so we can improve and provide our Services. This is called an intellectual property licence under which you grant a limited, non-exclusive, transferable, sublicensable, royalty-free, irrevocable, perpetual and worldwide licence to us, to use, store, copy, display, reproduce, modify, distribute, publish, transmit, stream, broadcast, create derivative works, and otherwise exploit and save Artist Content in any manner and on any media or platform to promote, improve and provide our Services and Site.
      3. To promote the ArterNet Art Site Site and to increase the exposure of Listings to potential users, Listings and other content provided by Artists may be displayed on other websites, in applications, within emails, and in online and offline advertisements. We may store the Listing so that we can help you re-list it in the future if it did not sell. We may use the content for marketing purposes, or we may store and use the content for our own internal purposes, to help us improve our Services. We won’t use your trade marks or logos without your express permission.
  9. Listing and Selling Artworks on ArterNet Art
    1. No Commission: Artists selling their original artworks that can be purchased on the Site will not pay a commission of the sale price of each artwork, though included in the price of their artwork will be an estimated cost of shipping the artwork to various parts of the world. This is the responsibility of the artist entirely.
      1. To list on the Site, Artists are required to submit their valid bank account details on the appropriate registration form. All Buyer payments will be registered in the respective Artists ArterNet Art Site account after bank fees are deducted.
      2. An Artist's ArterNet Art Site account can be viewed by an Artist who is logged into the site using their respective ‘Artist Back Office'.
      3. A withdraw of the total balance from all Artists ArterNet Art accounts to their nominated bank account will be automatically initiated on a fortnightly basis . A valid withdraw will take 4 to 7 days to process and arrive at the Artist’s registered bank account.
    2. Listing prices must include any appropriate sales taxes: You are responsible for your own taxes. For example, if you are a GST registered Artist based in New Zealand, you must include GST in the price. If you are an artist and a tax resident of Finland, then your price needs to include the appropriate Finnish sales tax.
    3. Be precise and honest with your Listing: All Listings must be accurate, in your possession, current, complete and include all relevant information. A Listing on ArterNet Art must include an accurate description of the Artworks, the terms of sale, payment terms, shipping methods and who is responsible for shipping costs. The Artist will not post, upload, publish, submit or transmit any content that:
      1. is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
      2. is defamatory, libellous, obscene, pornographic, vulgar or offensive;
      3. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
      4. is violent or threatening or promotes violence or actions that are threatening to any other person or animal;
      5. promotes illegal or harmful activities or substances; or
      6. violates our policies.
    4. Photos: Your Listing will be accompanied by appropriate photos and images that meet the ArterNet Art Photo Guidelines which focus on look, feel and quality presentation. If you do not follow the ArterNet Art Photo Guidelines, we reserve the right to not let you list on our Site.
      1. Artists are responsible for ensuring that their Artworks are accurately represented in any images that accompany their Listing and they are responsible for stopping the use of the images on or through the ArterNet Art Site Platform if they no longer accurately represent the Listing.
      2. Where we are not the exclusive owner of images uploaded by Artists, by using such images on or through the Site, the Artist grants to us an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to their Listing or otherwise, without further notice or compensation to the Vendor.
    5. Stick to the law: You alone are responsible for all content that you make available through the Site, and for identifying, understanding, and complying with all laws, rules and regulations that apply to your use of the Services such as the Fair Trading Act 1986, the Harmful Digital Communications Act 2015, the Copyright Act 1994 and the Trade Marks Act 2002 (If you have questions about how New Zealand laws or Territorial Authority by-laws apply to your Listing(s) and Goods or Services on the Site, you should always seek legal guidance):
      1. you warrant that you have the right to create the Listing, e.g. don’t list Goods that you are not the sole and exclusive owner of;
      2. you alone are responsible for identifying and obtaining any required licenses, permits, or registrations for any Goods and Services you offer;
      3. you have all rights, licenses, consents and releases that are necessary to grant to us the rights in and to such Vendor Content, as contemplated under these Terms;
      4. it must be legal to sell or offer the Goods and/or Services;
      5. Goods must meet any relevant safety standards; and
      6. certain types of Goods and/or Services may be prohibited altogether
    6. We really want to maximise exposure and therefore sales for you: If you list an Artwork in a particular category, but we consider that it might fit more naturally in a different category, we may contact you to negotiate which category is best suited for your Artwork to be listed in to achieve the greatest impact.
  10. Monthly or Yearly Subscription: As a member of ArterNet Art, you will be charged either Bronze, Silver or Gold per month or you can opt to pay these fees per year saving 16%. Subscriptions will be charged to the Artist's nominated credit card monthly or yearly, as the case maybe. Stripe is the payment gateway for ArterNet Art.
  11. Resolving disputes
    1. Dispute with a trade or another Member: Try and resolve disputes direct with the other member involved.
    2. Disputes with ArterNet Art or our Services: Please contact us if you have a dispute with us, we’ll try our best to sort it out with you informally. If we can’t come to a resolution, then each of us can pursue other options, such as those listed below.
      1. If we haven’t been able to resolve a dispute informally, either party can look to resolve a dispute or seek any remedy available through any legal method available.
      2. If you have concerns about any ArterNet Art advertising, you can submit these to the Advertising Standards Authority.
      3. These Terms are governed by the laws of New Zealand. If there’s a dispute, it will be resolved in New Zealand.
    3. Our Site and Services may occasionally be unavailable: Due to the nature of the Internet, we cannot guarantee the continuous and uninterrupted availability and accessibility of our Site.
      1. We do our best to ensure the security and performance of our Services but we don’t guarantee that our Services will be 100% secure, uninterrupted or error-free. We provide our Services on an ‘as is’ basis, without any warranty of any kind. Your use of our Services is at your own risk. We exclude and disclaim all implied warranties, to the extent that we legally can, such as fitness for purpose, merchantability and non-infringement.
    4. We limit our liability to you: We are not liable if something outside of our control goes wrong. You are responsible for your use of our Services, and any loss or damage that results from that use to the maximum extent permitted by law.
      1. We won’t be liable to you or any other person in connection with the Services, this Site, your use of the Services or Site, or another Operator’s acts or omissions, whether for negligence, breach of contract, breach of statutory duty or otherwise. We won’t be liable for any loss or damage, whether direct or indirect. We won’t be liable for loss of profits, loss of business or anticipated savings, general or special damages, or consequential or incidental loss.
    5. We’re not responsible for how you act on our Site: We aren’t responsible for your conduct, or the conduct of others. We do not check every Listing, feedback or other communication before it’s posted on our Site. Because of this, we take no responsibility for any misconduct of our Operators. For example, we are not liable if:
      1. a Listing is inaccurate or untrue
      2. a Buyer fails to complete a transaction or payment.
    6. If our Terms are breached, we have broad rights and remedies: There is a range of things we may do if you breach these Terms, or if we believe your conduct is harmful to the ArterNet Art community.
      1. Without limiting any other rights available to ArterNet Art, we may limit your activities on the Site, remove your Listings or other content, warn other Operators of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you (and your affiliates), if you breach our Terms, or where we consider it appropriate.
    7. You will indemnify us if you cause loss to ArterNet Art: If we incur a cost because of your use of our Services, or because of something you have done, you agree to cover those costs. You agree to indemnify us against any claim made by you or any third party that is in any way related to:
      1. your access to or use of our Services;
      2. your failure to complete a transaction;
      3. your breach of these Terms; or
      4. any content or Goods and/or Services that you submit, post, transmit or make available through our Services.
  12. Our terms generally
    1. These Terms govern your use of our Services, and are the Terms under which we offer our Services to you: Please read them carefully and ensure you understand them.
      1. The Terms make up the entire agreement between us in relation to our Services.
      2. By looking at our Site, using our Services or registering as a Artist of ArterNet Art you are agreeing to these Terms. If you don’t accept our Terms, you must immediately stop using our Services or looking at our Site.
    2. Understanding our Terms:
      1. Headings are provided only to make these Terms easier to read and understand.
      2. Where we have provided examples to explain what we mean, or where we say ‘includes’ or ‘including’, the examples given may not be all possible examples.
      3. If it turns out that part of these Terms isn’t enforceable, then that part will be removed or edited as little as possible, and the rest of the Terms will continue to apply.
      4. Some words used in these Terms have specific meanings. We have set these out below:
        1. Buyer(s) means any person purchasing Artworks listed on ArterNet Art Site;
        2. Collective Content means ArterNet Art Content together with Vendor Content;
        3. Goods and/or Services(s) means takeaways, meals and specialty products, fruit, vegetables, drink, clothing, footwear and accessories, repairs and maintenance, house and garden, health and wellbeing, animals, vehicles and services that may be bought or sold;
        4. Listing means a listing on the Site through which you offer, sell or advertise any Goods and/or Services;
        5. ArterNet Art Site Content means any content that we make available on or through the Site, including proprietary ArterNet Art content and any content licensed or authorised for use by or through ArterNet Art from a third party;
        6. Operator means a registered member of ArterNet Art;
        7. Vendor Content means text, photos, audio, video, or other materials and information that we allow Artists to create, upload, post, send, receive and store on or through the Site at our sole discretion;
        8. Vendor includes any person placing a Listing for the sale of Goods and/or Services;
        9. Services means any one or more of the services offered by ArterNet Art;
        10. Site means any ArterNet Art Site website or application through which the Services are offered.
        11. Terms means these terms and conditions;
        12. We, us, our and ANA are a reference to ArterNet Art ; and
        13. You and your are a reference to you.
    3. We reserve the right to modify our Terms at any time: If we make changes to these Terms, we will post the revised Terms on the Site. We will also provide Artists with notice of the modifications by email at least thirty (30) days before the date they become effective. If the Artist disagrees with the revised Terms, they may terminate this Agreement with immediate effect and stop using the Site.

Last updated, May 17 2021