Terms & Conditions
ArtWorks User Agreement
This website, artworks.com, is offered to you conditional on your acceptance without modification of the terms, conditions, policies, procedures and notices contained in this User Agreement with ArtWorks, a division of Applied Arts Inc., including those available by hyperlink, and in accordance with the policies and procedures posted elsewhere on this website. Your use of this website constitutes your agreement to all such terms, conditions, policies, procedures and notices. If you have any questions, please refer to our Help section.
In this User Agreement:
- “we” or “ArtWorks” means ArtWorks, a division of Applied Arts Inc., an Ontario corporation, which operates this website; where the context requires “ArtWorks” also means this website itself and the services provided on it;
- “you” means any person who uses this website;
- “buyer” means any person who sells any item or service through this website; and
- “seller” means any person who buys any item or service through this website.
I. GENERAL USE CONDITIONS
We expect all members of ArtWorks (including ArtWorks' staff) to treat each other with respect with the utmost professionalism. Behind every username is a real person. Your username on ArtWorks is your identity. You are responsible for your conduct and all content submitted under your username on ArtWorks.
Usernames cannot be changed except in the event of documented legal action (such as trademark infringement) at ArtWorks’ discretion. Choose your username carefully. You may not use the word "ArtWorks" in your username without permission.
You may not transfer ownership or sell your ArtWorks’ account to another party.
You must keep your account information updated and accurate. Your account must have a valid email address at all times. ArtWorks will use the email address on file in your account information to contact you when necessary.
You may not use this website or any Artworks’ services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our website. Your use of this website constitutes your representation and warranty that you are at least eighteen years of age and that you possess the legal right to use the Artworks’ website and services in accordance with the terms, conditions, and notices and usage policies set out in this User Agreement. You agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access Artworks’ website or services.
You may not use mature, profane or racist language or images in the public areas of your account (for example: username, avatar, Profile, Gallery announcement, Gallery About page).
You may not post false, inaccurate, misleading, defamatory, or libelous content (including personal information) anywhere on this website.
In using Artworks’ website and services you shall not violate any laws or third party rights. You also agree not to harvest or otherwise collect information about Artworks’ users, including email addresses, without their consent.
You may not use the public areas of your account to demonstrate or discuss disputes with others or with ArtWorks.
You may not use ArtWorks to direct shoppers to another online selling venue to purchase the same items as listed in your Artworks’ Gallery, as this may constitute fee avoidance. This includes posting links/URLs or providing information sufficient to locate the other online venue(s).
You must not contact another member to buy or sell an item listed on ArtWorks outside of ArtWorks’ marketplace. This may also constitute fee avoidance.
An Artworks’ account may not be used for the purpose of redirecting traffic to another web location. This includes Gallery’s whose artists are on vacation.
You may not post false, inaccurate, misleading, defamatory, or libelous content (including personal information).
Please contact Support to have your account closed if you are no longer using it.
ArtWorks encourages all members to resolve their own disputes. As a venue, ArtWorks cannot mediate disputes between members or other parties.
If you do not comply with ArtWorks' policies you may be subject to review, which can result in suspension and/or termination of your account privileges for any or all of your accounts.
ArtWorks reserves the right to terminate your access to and use of the ArtWorks’ website, for any or all usernames and accounts you operate under, at any time in its sole discretion. Suspended or terminated members remain obligated to pay ArtWorks all unpaid fees payable to ArtWorks under this User Agreement and under the fee schedules and policies posted elsewhere on the ArtWorks’ website.
Joining ArtWorks is free and ArtWorks does not charge buyers for purchasing an item. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that policy are effective after we provide you with at least fourteen days' notice by posting the changes on this website. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on this website.
2. Fee Schedule
For only $50, you can register your portfolio for one full year or $30 for 6 months.
Selling your own prints on ArtPrints requires a small investment. They are as follows:
1. $50 per year to register a Gallery.
2. 10% commission paid to ArtWorks for each ArtPrint sold. Payment Policy is outlined in Section III.
The fees for Limited Edition sellers are set out in the artists’ individual agreements with ArtWorks. Artists interested in having a gallery on Limited Edition should contact Georges Haroutiun.
Unless otherwise stated, all fees are quoted in Canadian Dollars and before applicable taxes.
Buyers must make payment to ArtWorks prior to delivery of the purchased item. Payment must be made by Visa, MasterCard, American Express (Canada only) and PayPal.
Payment is received by Artworks as agent for and on behalf of the seller, and you agree that by receiving payment from a buyer Artworks does not become the seller or assume any of the seller’s obligations, including the seller’s obligation to deliver the item(s) purchased.
Please see Non-delivery and Dissatisfaction with an Item for our policies relating to payments made in these cases.
Payments for all items sold through ArtPrints or Limited Edition will be made by the buyer to ArtWorks. It is the seller’s responsibility to verify that payment has been received by ArtWorks before shipping an item.
In this payment policy the ArtWorks’ fees, which are based on a percentage of the price of items sold, are referred to as “Transaction Fees”.
Payment from buyers is received by Artworks as agent for and on behalf of the seller. By receiving payment from a buyer Artworks does not become the seller or assume any of the seller’s obligations, including the seller’s obligation to deliver the item(s) purchased.
Transaction Fees will be deducted from all amounts received by ArtWorks from buyers. Within 21 days following the end of each calendar month ArtWorks will pay to the seller the payments received for items sold by the seller in such calendar month, less Transaction Fees and applicable taxes thereon; however if such date is a Saturday, Sunday or holiday in the Province of Ontario payment will be made on the next business day.
The seller is solely responsible for remitting any applicable taxes on the Net Sale Price seller receives. ArtWorks will be responsible for applicable taxes on its Transaction Fees.
ArtWorks will deduct all charge-backs made (and will add any reversals of such charge-backs received) by credit card issuers during the calendar month in question. ArtWorks shall also have the right to deduct from any amount payable to a seller any amounts that may be payable by the seller to ArtWorks.
Account Portfolio and Other Fees
The annual or semiannual fees for purchasing an ArtPrints’ account portfolio are referred to in this payment policy as “Account Portfolio Fees”.
All sellers for ArtPrints and Limited Edition are required to have a credit card on file from which owed fees may be charges.
All Assignment transactions are arranged directly between the holder of the Assignment account and the client. ArtWorks is not involved in Assignment transactions, and has no responsibility for payment for collection of any amounts that may be owing by one party to the other.
One month prior to expiration of your Assignment Portfolio, you will be contacted to renew. If the renewal has not be completed within 10 days following the expiration date, the portfolio will be removed.
You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms, including charging other payment methods on file with us, deducting the amounts owing by you to ArtWorks from any amounts which ArtWorks may owe to you, or retaining collection agencies and legal counsel. All amounts owing to ArtWorks will bear interest from their respective due dates at a rate of 1.5% per month.
ArtWorks is a venue, not a retailer; ArtWorks’ role is to connect the buyer and the seller. This means when you place an order on ArtWorks, you are entering into a direct transaction and personal relationship with an individual seller, facilitated by ArtWorks. We encourage the two parties to work through the transaction to completion.
A transaction is created when a buyer completes ArtWorks’ checkout process. The seller and buyer will receive email notification from ArtWorks with information about the transaction and an invoice record on ArtWorks. An Artworks’ transaction is completed when the buyer pays and the seller ships the item.
Payment is made to ArtWorks in accordance with ArtWorks’ Payment Policies. Payment is received by Artworks as agent for and on behalf of the seller, and you agree that by receiving payment from a buyer Artworks does not become the seller or assume any of the seller’s obligations, including the seller’s obligation to deliver the item(s) purchased.
In certain circumstances, a seller may cancel an invalid or void transaction (see Transaction cancellation) or refuse service to a buyer (see Refusing service). A seller may post important information in their Gallery Announcement, Gallery Policies, Public Profile or listing description to better inform buyers. A seller's individual policies for shipping, returns/exchanges and refunds posted in the seller's Gallery Policies must comply with ArtWorks’ site-wide policies.
ArtWorks is a global marketplace with some Gallery’s and listings available in various languages. A seller must be able to conduct business in the language used in their Gallery or listings. For example: if a seller creates listings in German, the seller must be able to accurately describe the item, complete the transaction and provide customer service to the buyer in German.
2. Transactions – For Buyers
Buyers are required to:
- use ArtWork’s artist’s email to communicate about any questions, special details or problems in a transaction;
- read the Gallery's policies before purchasing;
- provide an accurate shipping address during Checkout;
- check the Gallery's policies and contact the seller before returning an item; and
- retain proof of shipping and/or delivery confirmation that includes the date and recipient’s address in the event of a return.
3. Transactions – For Sellers
Sellers are required to:
- publish clear Gallery policies using the tools provided by ArtWorks;
- verify payment was received before shipping an item;
- provide an anticipated shipping time frame, and update the buyer if the shipping time frame changes;
- ship to the address provided by the buyer during Checkout;
- accurately mark the order as "shipped" and send a shipping notification using the tools on ArtWorks; and
- retain proof of shipping and/or delivery confirmation that includes the date and recipient’s address.
4. Transactions - Cancellation
A seller may cancel a transaction in the following circumstances:
- the buyer did not pay (see Non-payment) at the time the transaction was created, according to the transaction;
- both the buyer and seller have agreed to cancel the transaction prior to shipment;
- the seller has refused service to the buyer (see Refusing Service), and the seller has refunded all amounts paid the buyer in respect of the transaction;
- the seller has shipped the item(s), but the buyer did not receive the item(s) and the seller has refunded all amounts paid the buyer in respect of the transaction; or
- the buyer and seller agree that the buyer can return the item(s) to the seller for an agreed refund, the seller has received the returned item(s), and the seller has refunded the agreed amount to the buyer.
In the above circumstances ArtWorks will issue a credit to the seller for the fees paid by the seller to Artworks in the case of a full refund to the Buyer.
On cancellation of a transaction the buyer must immediately return to the seller any item(s) received by it. The cost of shipping of the item(s) shall be paid by the buyer unless otherwise agreed by the seller.
Only the seller in a transaction may cancel the transaction. The buyer should contact the seller by ArtWork’s artists’ email to request cancellation of a transaction. Item returns are subject to the individual seller's Gallery policies; the buyer must contact the seller for approval prior to shipping an item back to the seller. Sellers must keep proof of any refunds provided to buyers in the event a dispute arises over a cancellation.
A seller may not cancel a transaction for the purpose of avoiding fees or feedback.
If you abuse the privilege to cancel transactions you may be subject to review, which can result in suspension and/or termination of any or all of your ArtWorks’ account(s).
We hope that your shopping experience on ArtWorks is smooth and hassle-free. In the event of a transaction dispute, ArtWorks encourages the buyer and seller to resolve the situation. The policies below describe various types of transaction disputes and the roles of the seller, the buyer and ArtWorks in each scenario.
Although in accordance with ArtWorks’ Payment Policies payment must be made to ArtWorks prior to delivery, it possible that due to inadvertence the seller may deliver an item prior to payment being made to ArtWorks, a credit card or other payment system may not honour its obligation to pay ArtWorks, or a credit card or other payment system credit to ArtWorks may be reversed (a non-payment).
In any case of non-payment the buyer agrees to pay the purchase price to ArtWorks immediately on notification of the event of non-payment.
The seller may cancel a transaction for non-payment at any time prior to full payment being made by the buyer (see Transactions - Cancellation).
ArtWorks relies on sellers to submit fair, honest feedback for buyers in non-payment circumstances.
Non-delivery occurs when a seller does not ship an item after a transaction has been created and the buyer paid. The buyer may file a non-delivery report with ArtWorks against the seller within a reasonable time frame. When a non-delivery report is filed, both the buyer and the seller will receive a notice from ArtWorks about the report so they can work out the issue. ArtWorks encourages both parties to follow best practices (see Transactions). ArtWorks relies on buyers to submit fair, honest feedback (see Feedback) for sellers in non-delivery circumstances. Please note that a buyer who paid ArtWorks via PayPal may have a limited time frame in which to file a claim for refund of purchase under PayPal's policies.
The seller must ship goods within a reasonable amount of time, according to transaction agreement or according to the terms in the seller's Gallery Policies.
Once an ArtWorks non-delivery case has been opened by the buyer, the buyer and/or seller must respond to the case to close it.
A case may be closed after the buyer and seller reach a resolution, the seller issues a full refund, or the seller issues a partial refund to which the buyer has agreed.
If the buyer and seller cannot reach a resolution, the case may be escalated for review and resolution by ArtWorks.
If a case is escalated to ArtWorks, the seller may be asked to provide ArtWorks with additional information (e.g. proof of shipping and/or delivery, proof of refund) to help resolve the dispute.
If a case is escalated for review by ArtWorks, then ArtWorks’ team will determine whether delivery was made by the seller. Both parties agree to be bound by ArtWorks’ decision.
If ArtWorks has determined that the seller has not delivered the purchased item(s) ArtWorks may (but is not required to) issue a refund to the buyer from the seller's Gallery Payment Account, or if there are insufficient funds available in the seller's Gallery Payment Account, ArtWorks may charge the payment source on file for the seller to cover the refund. If ArtWorks cannot, or elects not, to issue a refund to the buyer, the seller agrees to refund all amounts paid by the buyer in respect of the transaction.
A seller who fails to ship an item, respond to a non-delivery report or settle a disputed transaction in a reasonable manner may be suspended. Members who do not comply with ArtWorks’ policies may be subject to review, which can result in suspension of account privileges and/or termination of any or all of your Artworks’ account(s).
3. Refusing Service
If a seller cannot complete a transaction due to an extraordinary circumstance, then the seller may refuse service to the buyer.
The seller must notify the buyer of refusal of service through email plus send copy to ArtWork’s administrators.
The seller can only refuse service prior to shipping.
If the seller refuses service and buyer has already paid, then the seller must refund all amounts paid by the buyer in respect of the transaction;
The seller may cancel the transaction when applicable (see Transaction cancellation).
Unless otherwise agreed or according to the seller's terms, a seller's refusal of service to a specific buyer is indefinite within that seller's ArtWorks Gallery.
If a buyer receives an item that is significantly different from the original listing, the buyer should first contact the seller.
If the buyer and seller are unable to resolve the situation, then for certain eligible transactions the buyer may file a report with ArtWorks within a reasonable time frame.
If the payment method in the transaction was credit card via direct checkout, then the transaction is eligible for a not as described case on ArtWorks.
Once a not as described case has been opened by the buyer on ArtWorks, the buyer and/or seller must respond to the case to close it.
If the buyer and seller cannot reach a resolution, the case may be escalated for review and resolution by ArtWorks.
If a case is escalated to ArtWorks, both buyer and seller may be asked to provide additional information (e.g. photographs of the item) to help resolve the dispute.
If a case is escalated for review by ArtWorks, then ArtWorks’ team will determine whether the item is significantly different from the original listing. Both parties agree to be bound by ArtWorks’ decision.
If ArtWorks has determined that the item is significantly different from the original listing, then upon receipt of satisfactory proof that the item has been returned to the seller ArtWorks may (but is not required to) issue a refund to the buyer from the seller's Gallery Payment Account, or if there are insufficient funds available in the seller's Gallery Payment Account, ArtWorks may charge the payment source on file for the seller to cover the refund. If ArtWorks cannot, or elects not, to issue a refund to the buyer, the seller agrees to refund all amounts paid by the buyer in respect of the transaction on receipt of the returned item.
Failure to ship an item, respond to a non-delivery report or settle a disputed transaction in a reasonable manner may result in suspension of account privileges and/or termination of any or all of your Artworks’ account(s).
The community is the heart of ArtWorks; all registered members are part of our community. Please remember that ArtWorks is a public site, so use common sense when sharing personal information. ArtWorks' role is to facilitate open discussion and support our community through constructive communication. Here are some general rules for community conduct:
Treat one another with respect. There is a real person behind each name.
Knowingly harassing, insulting or abusing other members is unacceptable.
The community spaces are not the appropriate channel to express disputes with others.
Discussing a specific member, Gallery or item (either by name or with identifiable hints) in a negative way is not allowed.
Specific transactions and/or feedback should not be discussed in public community spaces. Instead, contact Support privately if you need help with a transaction.
Do not publicly post another person's private information without their explicit consent (for example: email, letters, phone numbers, addresses, full names or business transactions).
Do not use the community spaces to facilitate or arrange any sort of auction or transaction outside of ArtWorks’ Checkout.
You may not use an undisclosed alternate account in the community spaces.
Violation of ArtWorks’ community policies may result in suspension of account privileges and/or termination of any or all of your ArtWorks’ account(s).
To ensure the integrity of ArtWorks’ marketplace and help protect members from potentially fraudulent activity, transaction interference is not allowed on ArtWorks. The following circumstances are considered transaction interference:
- contacting another member to buy or sell an item listed on ArtWorks outside of ArtWorks’ marketplace (this may also constitute fee avoidance);
- communicating with another member to warn the member away from a particular buyer, seller or item; and
- posting in the public areas of your account (e.g. Gallery Announcement, Profile, listings) to demonstrate or discuss a dispute with others or with ArtWorks.
If you engage in transaction interference you may be subject to review, which may result in suspension of account privileges and/or termination of any or all of your ArtWorks’ account(s).
The following circumstances could result in removal or alteration of posted information by ArtWorks:
- personally identifying or private information has been published (e.g. a phone number, real name, email address, physical address, content of a private emails, or details regarding an Artworks’ investigation);
- information contains mature, profane or racist language and/or images;
- information contains spam, links, scripts or advertising;
- information constitutes shilling (fraudulent inflation of feedback rating by use of an alternate account)
- information refers to an unrelated transaction;
- comments about using ArtWorks or other services (e.g. payment processors);
If you post feedback of the type or in the circumstances described above, or if have low overall feedback scores you may be subject to review, which may result in suspension of account privileges and/or termination of any or all of your Artworks’ account(s).
VIII. MARKETPLACE CRITERIA
The following are policies and criteria relating to the operation of members’ Gallery’s, including listings, items for sale, labeling and advertising. Failure to comply with these policies and criteria may be reported for review or may be subject to a review instigated by ArtWorks, which may result in suspension of account privileges and/or termination of any or all of your ArtWorks’ account(s).
Services are not allowed to be listed on the ArtPrints or Limited Edition sections of the ArtWorks’ website, but only in the Assignment section of the website.
Assignment may only be used for marketing services of photographers and illustrators, and may not be used for the sale of photographs for art in uploaded portfolios, or any other existing photography or art. Photographers and illustrators who wish to sell existing photographs or art must do so through ArtPrints.
2. Charitable Listings and Galleries
ArtWorks understands that members may wish to participate in fundraising for charitable organizations and causes. Charitable fundraising is subject to many laws, and unfortunately, there exist dishonest people who may attempt to take advantage of your good will. Therefore, for the protection of our community, ArtWorks has established the following policies regarding charitable listings and Galleries that use charitable fundraising as a promotional tool:
- Members participate in charitable fundraising at their own risk.
- Members represent that any charitable fundraising complies with all applicable laws.
- A seller who promotes that their ArtWorks’ Gallery engages in charitable fundraising on behalf of a recognized tax-deductible charitable organization must receive appropriate consent from the charitable organization.
- The seller must include clear information about the organization and donation details in the listing, and/or other public area of the Gallery.
- Listings created solely to solicit for donations are not permitted. All listings on ArtWorks must be for a tangible item available for sale.
- Members must not send unsolicited donation requests.
Violation of the above charitable listings and Gallery’s policies may result in suspension of account privileges and/or termination of any or all of your ArtWorks’ account(s).
For the purposes of this User Agreement and ArtWorks’ policies “mature content” means visual depiction of male or female genitalia, sexual activity or content, profane language or graphic violence.
Mature content listings will remain in all ArtWorks searches by default; users can restrict results by using the exclusionary search term "-mature" ("opt-out" search status).
ArtWorks aims to maintain a marketplace appropriate for general audiences, therefore the use of mature content must comply with the following policies:
- Item listings containing mature content must be tagged with "mature" and include the word "mature" in the item title.
- Mature content and/or profane language or images are not allowed in the "first impression" areas of your account, including: your username, Profile, item titles, tags, avatar, banner, Gallery Announcement, and/or Gallery section titles, and your Gallery's About page.
- The first thumbnail image in your item listing should be kept appropriate for general audiences; additional images in the listing may show the item in its entirety. Mature content and/or profane language or images are only allowed in the second, third, fourth and fifth photos of an item listing and the description text of a listing.
Violation of the above mature content policies may result in suspension of account privileges and/or termination of any or all of your ArtWorks’ account(s).
There are some types of items that we don't allow in ArtWorks’ marketplace, even if they are legal and otherwise meet ArtWorks’ selling criteria. Some things just aren't in the spirit of ArtWorks. The following types of items may not be listed on ArtWorks:
- items or listings that promote, support or glorify hatred toward or otherwise demean people based upon race, ethnicity, religion, gender, gender identity, disability, or sexual orientation; including items or content that promote organizations with such views;
- items or listings that promote or support illegal activity or instruct others to engage in illegal activity;
- items or listings that promote support or glorify acts of violence or harm towards self or others;
- items which violate or infringe the copyright, patent or other intellectual property rights of any person;
- even beyond these standards, Artworks’ members are responsible for making important moral or ethical decisions regarding what they buy and sell on ArtWorks.
ArtWorks reserves the right, in its sole discretion, to remove listings for any the above prohibited items, or any other listings that ArtWorks determines are not within the spirit of ArtWorks, or that ArtWorks determines are in violation of any of the terms, conditions, policies, procedures and notices contained in this User Agreement or posted elsewhere on this website. If ArtWorks removes an item listing for violating such terms, conditions, policies, procedures and notices, the seller is still obligated to pay the listing fee for that item.
Violation of the above prohibited items policies may result in suspension of account privileges and/or termination of any or all of your ArtWorks’ account(s).
ArtWorks encourages all sellers to provide information about yourself and/or your artwork in your Profile. Shoppers will likely be interested in this information,
You must explain your Gallery's policies regarding shipping, refunds and exchanges on the Gallery Policies page, which may also be used to provide additional Gallery policy information.
Gallery policies must abide by ArtWorks’ site-wide policies. ArtWorks reserves the right, in its sole discretion, to require a seller to provide policy information on the seller’s Gallery Policies page or to require a seller to modify unreasonable policies.
You may not make use of photographs or written text which violates or infringes on any copyright or other intellectual property rights of any person, or is otherwise illegal.
You may not use mature content in the public areas of your Gallery (e.g. username, avatar, Profile, Gallery announcement, Gallery About page, tags, item titles, banner).
You may not use any language or image in any area or page of your Gallery which:
- promotes, supports or glorifies: hatred toward or otherwise demeans people based upon race, ethnicity, religion, gender, gender identity, disability, or sexual orientation;
- promotes, supports or glorifies acts of violence or harm towards self or others;
- promotes, supports or glorifies illegal activities or instruct others to engage in illegal activities, or
- supports or promotes organizations with such views.
You must pay your ArtWorks’ bill on time to avoid penalties, including but not limited to: suspension of listing privileges and/or account termination.
You may not engage in any activity to avoid ArtWorks’ fees ("fee avoidance"). This includes but is not limited to: completing a transaction off ArtWorks once it has been initiated on this website, listing an item below its intended purchase price or canceling a valid completed transaction.
You may not knowingly misrepresent your language. Gallery and listing information must be accurate in the language(s) in which you have enrolled your Gallery.
All listings on ArtWorks should be clear, accurate and detailed. Accurate photos, descriptions and listing information are critical to selling on ArtWorks. Check out the Listing an Item Help Guide for more information on how to list your items. Keep these policies in mind as you list and describe your items.
Listing descriptions and photos must accurately describe the item for sale so buyers know what is included in the purchase.
Each listing must be available for purchase.
You may not create a listing for an item that is not for sale or which is sold out.
A listing may not be created for the sole purpose of sharing photographs or other information with the community.
A listing may not be created solely as an advertisement. This includes notices of sales or promotions in your Gallery. Such information may be included in other areas of your Gallery, such as: your Profile, your Gallery's About page, avatar, banner, Gallery Announcement and/or item descriptions.
Items must not be listed as available for rental or lease.
Listing prices must be reasonable.
You may price an item how you choose; however, a listing should not be created with an inaccurate price in order to keep it from selling.
You are required to specify shipping costs and related service charges in your listings. You may not provide unclear or misleading shipping information or to charge unreasonable fees for shipping and related services.
You are required to specify in your listing clearly and accurately when the item will be shipped. You are also required to ship items within 12 days from the date of purchase.
Each unique item must have its own listing. You may group items as a set into a single listing if the items are being sold and shipped together.
You may not edit a listing's information to change it to an entirely different item; this is considered fee avoidance.
All listings on ArtWorks (other than in the Assignment section of this website) must be for a tangible object. (Note: a digital file is considered a tangible object.)
You may not use ArtWorks to direct Shoppers to another online selling venue to purchase the same items as listed in your Artworks’ Gallery, as this may constitute fee avoidance. This includes posting links/URLs or providing information sufficient to locate the other online venue(s).
A listing must not be conditional upon the purchase of another listing in your Gallery (for example: saying "this item may only be purchased along with another item in my Gallery"). This includes listings for item upgrades, shipping upgrades and gift wrapping upgrades.
A free with purchase item may not be listed as a separate listing conditional upon the purchase of another item in your Gallery. The title and tags must not mention or describe the free with purchase item. Information about free with purchase items may only be included in the item description. A free with purchase item must not be featured in the first photograph of the listing. The listing price must only reflect the listed item.
Gift certificates are governed by local laws, and it is the seller's responsibility to determine if they are in compliance. If you list a gift certificate on ArtWorks, you are responsible for this compliance. You must include this sentence in the item listing: "This Gift Certificate is valid only in my Artworks’ Gallery, and it is only redeemable here."
7. Drop Shipping
Drop shipping is not permitted. All items must be shipped under the direct supervision of the seller.
8. Labeling Your Items
There are several key pieces of information about your item that ArtWorks uses to help Shoppers find what they are seeking, such as: titles, tags, attributes, materials, categories and subcategories. It is very important to accurately label your items. Providing high-quality, accurate info helps Shoppers find your items. Inaccurate info can create a frustrating shopping experience for everyone in the marketplace.
Members who do not comply with the marketplace criteria, policies, terms and conditions set out in this section IX may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay ArtWorks for all unpaid fees.
IX. ADVERTISING ON ARTWORKS
Galleries may purchase promotional opportunities that may help increase visibility and awareness of your items and Gallery. Sellers can purchase Search Ad keywords to promote their items on this website.
Ads are not transferable between Artworks’ accounts.
Ads are non-refundable, except under very special circumstances at ArtWorks’ discretion.
Your account must be in good standing to purchase ads. You are obligated to pay any fees associated with your ads.
Item listings in advertising spaces that do not meet the particular restrictions for that promotional placement may be subject to review. If an item listing violates these policies or any of the terms, conditions, policies, procedures and notices contained in this User Agreement or posted elsewhere on this website, ArtWorks may, in its sole discretion, remove your listing and/or remove your ad without notice or credit for related fees.
X. REPORTING PROBLEMS OR ISSUES WITH LISTED ITEMS
Please email directly to site administrator any issues or potential problems concerning an item being sold on the site.
This is a confidential process. The member whose listing is reported will not be aware the complaint. Additionally, ArtWorks’ investigation will be handled privately; you will not receive a personal response to your complaint message.
Do not email a single violation more than once.
For intellectual property matters, please follow ArtWorks’ Copyright and Intellectual Property Policy.
Since reporting complaints is a private matter, members should not discuss these in any of ArtWorks’ community spaces.
In most cases, ArtWorks will work with a member privately to remedy the problem. If a seller does not respond to ArtWorks’ communication or requests in a timely manner, the item may be removed, and the Gallery's selling privileges may be suspended and/or terminated. In some extreme cases, listings will be removed immediately.
Abuse of the reporting system by means of raising repeated, unjustified complaints may result in suspension of account privileges and/or termination of any or all of your Artworks’ account(s).
You can browse the ArtWorks’ website, without telling us who you are or revealing any personal information about yourself. If you register for an account with us, you give us your personal information, and you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in Canada and/or the United States.
We collect the following types of personal information in order to provide you with the use of and access to our site, applications, services and tools, and to help us personalize and improve your experience:
- email address, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;
- transactional information based on your activities on our website (such as buying, selling, and content you generate or that relates to your account);
- shipping, billing and other information you provide to purchase or ship an item;
- community discussions, chats, dispute resolution, correspondence through our sites, and correspondence sent to us
- other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
- additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list);
- information from other companies, such as demographic and navigation data; and
- other supplemental information from third parties (for example, if you incur a debt to ArtWorks, we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law).
We don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising.
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:
- provide the services and customer support you request;
- resolve disputes, collect fees, and troubleshoot problems;
- prevent potentially prohibited or illegal activities, and enforce our User Agreement;
- customize, measure and improve our services, content and advertising;
- tell you about our services and those of our corporate family, targeted marketing, service updates, and promotional offers based on your communication preferences; and
- compare information for accuracy, and verify it with third parties.
5. Our Disclosure of Your Information
We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
We may also share your personal information with:
- Members of the ArtWorks’ corporate family - like Applied Arts Inc. - to provide joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications. Members of our corporate family will use this information to send you marketing communications only if you have requested their services.
- Service providers under contract who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs and co-branded credit cards).
- Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
- Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, state, postal code, telephone number, email address, User ID history, IP address, fraud complaints, and bidding and listing history.
We use "cookies" (small files placed on your hard drive) on certain pages to help analyze our web page flow; customize our services, content and advertising; measure promotional effectiveness, and promote trust and safety.
A few important things you should know about cookies are that:
- Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session.
- You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of some of our sites or services.
7. No Spam, Spyware or Spoofing
You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools.
8. Account Protection
Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your ArtWorks’ password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify ArtWorks and change your password.
9. Accessing, Reviewing and Changing Your Personal Information
You can see, review and change most of your personal information by signing on to ArtWorks. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce the ArtWorks’ User Agreement, and take other actions otherwise permitted by law.
Your information is stored on our servers located in Canada and/or the United States. We treat data as an asset that must be protected and use tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
11. Third Parties
12. Authorization to Call, Telephone Numbers
You understand and agree that ArtWorks may, in its discretion, monitor or record telephone conversations you have with ArtWorks or its agents for quality control and training purposes, for its own protection or as may be required by law. You acknowledge and understand that, while your communications with ArtWorks may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by ArtWorks.
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
1. Sellers’ Warranty
The seller represents and warrants to the buyer and to ArtWorks that he or she is the sole owner of the copyright in any photograph, print, artwork or other item sold by the seller through ArtWorks, and that the seller has full right, title and authority to sell any photograph, print, artwork or other item so sold. The seller will indemnify and hold harmless the buyer and ArtWorks from any demand, liability or expense, including reasonable attorneys’ fees, made by any third party due to or arising out of any breach of the seller’s representation and warranty contained in this Copyright and Intellectual Property Policy.
2. Rights Sold by Sellers
Unless otherwise agreed between a buyer and seller, the seller only sells to the buyer the physical print, art, photographs or other item sold through ArtWorks, and the seller retains the copyright therein, including the right to make or sell copies of the same item, or to license the use of copies or images of the item in any medium.
Unless otherwise agreed between a buyer and seller, the buyer shall have no copyright in, and shall not make any copies of, the print, art, photographs or other item purchased through ArtWorks, to rent or license the use thereof, to use or display the item for commercial purposes, or to permit the use of any of the items in any medium. The buyer will indemnify and hold harmless the seller and ArtWorks from any claim, demand, liability or expense including reasonable attorneys’ fees, made by any third party due to or arising out of any breach of the buyer’s obligations contained in this Copyright and Intellectual Property Policy.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
XIII. GENERAL LEGAL MATTERS
You will not hold ArtWorks responsible for other users' content, actions or inactions, or items they list. You acknowledge that ArtWorks is not a seller, retailer, auctioneer or consignment seller. Instead, this website is a venue to allow anyone to offer, sell, and buy artwork of all types. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We cannot guarantee continuous or secure access to our services, and operation of this website may be interfered with by numerous factors outside of our control. You agree that you are making use of our sites, services, applications and tools at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold ArtWorks responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our sites, services, applications and tools;
- Delays or disruptions in our sites, services, applications or tools;
- Viruses or other malicious software obtained by accessing our sites, services, applications or tools or any site, services, applications or tools linked to our sites, services, applications or tools;
- Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, applications and tools or in the information and graphics obtained from them;
- Damage to your hardware device(s) or loss of data that results from the use of our sites, services, applications and tools;
- The content, actions, or inactions of third parties, including items listed using our sites, services, applications or tools, feedback provided by third parties, or the destruction of allegedly fake items;
- A suspension or other action taken with respect to your account; or
- ArtWork's decision to end or remove your listing(s).
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action-giving rise to the liability, and (b) C$150.
If you have a dispute with one or more Artworks’ users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
4. No Agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.
Except as explicitly stated otherwise, any notices shall be given by registered mail to ArtWorks, a division of Applied Arts Inc.., Attn: Legal Department, 65 Overlea Blvd., Suite 105, Toronto, ON, Canada, M4H 1P! (in the case of ArtWorks) or to the email address you provide to ArtWorks during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ArtWorks during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
This Agreement shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree that any claim or dispute you may have against ArtWorks must be resolved by a court located in Ontario, Canada, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Ontario, Canada for the purpose of litigating all such claims or disputes.
We may amend this Agreement and any of the terms, conditions, policies, procedures and notices contained in it any time by posting the amended terms, conditions, policies, procedures or notices on this site. Except as stated elsewhere, all amendments shall automatically be effective immediately upon posting. This Agreement may not be otherwise amended except in writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and General.
8. Copyright in Artworks’ Website
Copyright 2013 by ArtWorks, a division of Applied Arts Inc. All rights reserved. ArtWorks, a division of Applied Arts Inc. either owns the intellectual property rights, including copyright, or has acquired the necessary licenses, in the information, including all text, HTML code, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents of this website (collectively the “Information”). Portions of the Information have been licensed to ArtWorks, a division of Applied Arts Inc. As a user of this website, you are granted a limited license to use (display or print) short extracts of the Information for your own personal non-commercial use only, provided the Information is not modified and you shall be fully responsible for any consequences resulting from such use. Any other use of the Information is prohibited. None of the Information may be otherwise reproduced, republished or re-disseminated in any manner or form without the prior written consent of ArtWorks, a division of Applied Arts Inc.
Last revised: May 8, 2013