ARTRIS Ltd. (hereafter “ARTRIS”) provides its service to you on www.artris.com (hereafter “Website”), subject to the following Terms of Service (hereafter “TOS”), which may be updated without prior notice to you. The most updated version of the TOS can be found at www.artris.com/terms/tos.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE.
ARTRIS reserves the right to modify or update the TOS at any time and without prior notice to you. It is your responsibility to review the TOS periodically for updates. By continuing to access or use the Website after we have posted a modification on the Website, you are indicating that you agree to be bound by the modified TOS.
All content available on the Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of ARTRIS, its licensors or content providers, and is protected by copyright, trademark and other applicable laws. ARTRIS or its licensors or content providers exclusively own full and complete title to the content available on the Website, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in ARTRIS' sole discretion.
You may use the Website to sell, purchase, or curate artworks online, or just for your information. However, you may not copy (electronic or hardcopy) any content of the Website otherwise you may breach intellectual property laws and other laws. Commercial use of all or part of the Website is prohibited. All rights not expressed here are reserved to ARTRIS.
Please be aware that some areas of the Website may contain adult or mature content. You must be at least 18 years of age to access and view the Website.
You may identify yourself as one of the following member types:
In order to become a "Member", you should first create a member account (hereafter "Account") by completing the registration process. During the registration process you will be required to provide certain information including your name, User-ID, email address, password, and nationality. Note that your User-ID must be unique on the Website and cannot be changed once you complete the registration process.
You agree to provide true, accurate, current and complete information about yourself and to maintain and promptly update such information to keep it true, accurate, current and complete. ARTRIS reserves the right to suspend or terminate your Account if you provide any information that is untrue, inaccurate, not current or incomplete. Whenever you sign in to the Website, you will be required to provide your User-ID and password that you set during the registration process. You are responsible for maintaining the confidentiality of your password and you are fully responsible for any activities that occur under your Account, whether or not you have authorized such activities. You must immediately notify ARTRIS of any unauthorized use of your Account.
After opening your Account, you should complete your Profile page that includes your headshot image, personal statement, and other information. A Gallery Member is required to provide additional information including gallery registration number, certificate of registration, and website address (if available) for the verification process.
All of your member information including details of your Account, Profile, Artworks, Exhibitions, Favorite Artworks, and other information related to your use of the Website, such as Orders and Sales, will be available for you on the Website. You acknowledge and agree that your Profile and Portfolio information will be fully disclosed on the Website at www.artris.com/User-ID: anyone who visits the Website may view your Profile, the details of your artworks including the uploaded images and the sale prices, your online exhibitions, and your selection of favorite artworks. Details of your Account or other information related to your use of the Website however will not be disclosed to the public.
You may close your Account at any time by clicking on the "Close My Account" button on your Account page. After you confirm that you wish to close your Account, ARTRIS will immediately close your Account and remove all your data from the Website. Even after your Account is closed, your obligations under the TOS will remain in effect.
You may upload images of original artworks that you have created and that you wish to sell on the Website. By uploading images of your original artworks to your portfolio on the Website, you grant to ARTRIS a worldwide, non-exclusive right to sell such original and/or reproduced artworks on the Website, and you also grant to ARTRIS a worldwide, non-exclusive right and license to: (i) reproduce and distribute copies of the original artworks; and (ii) access, view, use, crop, resize, copy, distribute, publicly display, publicly perform, transmit and broadcast copies of the original artworks in any form, medium or technology for the purpose of marketing and promotional activities of ARTRIS and the Website.
You acknowledge and agree that the license rights are granted to ARTRIS on a royalty-free basis and that your sole compensation for the grant of such license rights is included in the sale price of your artworks, which will be payable only upon the sale of your original or reproduced artworks on the Website.
You may not upload images of artworks that you have not created yourself. In order for your listings to be accepted, you should provide ARTRIS with all the information requested on the Website and you should comply with any other ARTRIS requirements. You should provide accurate information on weight, dimensions and origination of the original artworks for sales. Your listings should be accurate, complete and up to date. You must not increase image resolution using any image editing software or such tools. ARTRIS reserves the right to edit or remove any listings in its sole discretion. You may remove some or all of your listings from the Website at any time.
You acknowledge and agree that you are solely responsible for all original artworks that you make available on the Website. Accordingly, you represent and warrant that: you are the creator of all original artworks that you make available on the Website and you are the sole and exclusive owner of all such original artworks; and neither the original artworks that you make available on the Website nor ARTRIS’ use and exploitation thereof will infringe, violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
For sales of original artworks on the Website, you should set your own sale price for each of your original artworks. You may change the sale price for any of your original artworks, at any time, by logging in to your Account and making the change.
ARTRIS will be responsible for collecting and sending shipping-related information between you and the Collector Member, and for processing payment on the Website. You will be responsible for shipping the sold original artwork safely to the Collector Member.
Once a Collector Member places an order of your original artwork, ARTRIS will immediately inform you of the Collector Member’s shipping address. Within 7 days following the order date, you should enter the shipping charge, the amount you would like to charge the Collector Member for shipping your original artwork, on the Sales page in your Account. Otherwise, the sale order may be cancelled. The shipping charge you offer should represent a competitive price for all packaging, shipping and insurance fees.
If the Collector Member pays the total price that includes the sale price and the shipping charge within 7 days following the date the Collector Member was informed of the shipping charge, ARTRIS will advise you to ship the sold original artwork directly to the Collector Member. If you fail to ship the sold original artwork to the Collector Member within 7 days following the date ARTRIS advised you to do so, the sale may be cancelled. You acknowledge that the Collector Member may not agree to pay the total price and that you should not ship the original artwork until ARTRIS will advise you to do so.
It is your responsibility to package your artwork sensibly using materials such as corner protectors, bubble wrap, packing tape, thick foam boards, and a sturdy cardboard box. You should also prepare the Certificate of Authenticity of your artwork and include it in the package.
As the compensation for your payment toward shipping, the Collector Member will pay the shipping charge you offered, regardless of the amount you actually paid for shipping. You acknowledge and agree that neither the Collector Member nor ARTRIS will reimburse you the difference between the actual shipping cost you paid and the shipping charge you offered.
Subject to ARTRIS’ receipt of confirmation of safe delivery to the Collector Member, ARTRIS will credit your PayPal account with an amount equivalent to the sale price (the sale price that you had set for the original artwork at the time the Collector Member added the original artwork to his/her shopping cart on the Website), plus the shipping charge that you offered to the Collector Member, less payment processing fee, less ARTRIS sales commission, less Gallery/Curator sales commission (if your original artwork was sold in an exhibition), and less any applicable tax, within a commercially reasonable time following the expiration of the return period. ARTRIS reserves the right to determine or change the ARTRIS sales commission and the Gallery/Curator sales commission, in its sole discretion, at any time and without prior notice to you.
For sales of reproduced artworks on the Website, you should set your own license fee for each of the reproduced artworks not to be greater than the maximum license fee. ARTRIS reserves the right to determine or change the maximum license fee, in its sole discretion, at any time and without prior notice to you. You may change the license fee for any of your artworks, at any time, by logging in to your Account and making the change.
ARTRIS will be responsible for producing and shipping the reproduced artworks, and for processing payment on the Website.
Upon the sale of your reproduced artwork, ARTRIS will credit your PayPal account with an amount equivalent to the license fee (the license fee that you had set for the reproduced artwork at the time the Collector Member added the reproduced artwork to his/her shopping cart on the Website), less payment processing fee, less any applicable tax within a commercially reasonable time following the expiration of the return period.
If you remove a listing for an original artwork from the Website, the license rights granted by you to ARTRIS to reproduce, distribute and sell reproduced artworks with respect to such an original artwork will terminate as of the date the listing is removed, except that such license rights will survive and remain in effect for as long as necessary for ARTRIS to fulfill any in-progress orders for such reproduced artworks and any orders for such reproduced artworks accepted by ARTRIS prior to or as of the effective date of termination. In addition, you acknowledge and agree that the license rights granted by you to ARTRIS with respect to using such images of original artworks to promote ARTRIS and the Website will remain in full force and effect for only as long as necessary for ARTRIS to fulfill any current obligations that require using the images of original artworks for such promotional purposes.
An online exhibition may be set up and held, by yourself or any Gallery/Curator Member, on the Website for promoting sales of original and/or reproduced artworks of yours and/or others.
If you want to allow any Gallery/Curator Member to include your artworks in their online exhibitions, you should check the "ALLOW EXHIBITIONS" check-box for each of your listings on your Artworks page. Or, if you want to allow a particular Gallery/Curator Member to include any of your artworks in their online exhibitions, you should specify your "Affiliated Gallery/Curator" on your Account page. You may change these settings on the Website at any time. Any artwork being retained in an online exhibition will also be available in the listings but the details of the artwork will be available only through the online exhibition until the online exhibition expires. As soon as an online exhibition expires, those artworks retained in the online exhibition will be released back to the listings.
You acknowledge and agree that ARTRIS takes commercially reasonable steps to protect your copyrights in the images that you uploaded to the Website and that ARTRIS, however, has no obligation to pursue any legal actions against any alleged infringer of your copyrights. You hereby grant ARTRIS the right and authority to take such commercially reasonable steps to protect your copyrights in the images that you uploaded to the Website.
ARTRIS provides services for online exhibitions on the Website for promoting sales of original and/or reproduced artworks. You may set up online exhibitions that may include other Member's artworks for free for your own views, but if you intend to open online exhibitions to the public you should register and may have to pay the Exhibition Fee for each of the online exhibitions. In order to register an online exhibition, click on the "REGISTER" button on your Exhibition page. Note that the artworks you select for your online exhibition will not be secured until you register your online exhibition. ARTRIS reserves the right to determine or change the Exhibition Fee, in its sole discretion, at any time and without prior notice to you.
Once you registered your online exhibition, you should: (i) Select at least 10 and up to 20 artworks from the listings of artworks on the Website which are available for online exhibitions; (ii) Make your own comments on the online exhibition; (iii) Select 5 artworks to showcase your exhibition; (iv) Open the online exhibition by clicking on the "OPEN NOW" button within 24 hours from the time you registered the online exhibition, otherwise your online exhibition may be cancelled and your Exhibition Fee may be wasted.
Each of your online exhibitions will be open on the Website for a given period of time from the time you clicked on the "OPEN NOW" button. ARTRIS reserves the right to determine or change the exhibition period, in its sole discretion, at any time and without prior notice to you.
Gallery/Curator sales commission applies to original artworks sold in online exhibitions. If a sale of any original artwork is made in your online exhibitions, subject to ARTRIS’ receipt of confirmation of safe delivery of the sold artwork, ARTRIS will credit your PayPal account with an amount equivalent to the Gallery/Curator sales commission less any applicable tax within a commercially reasonable time following the expiration of the return period. ARTRIS reserves the right to determine or change the Gallery/Curator sales commission, in its sole discretion, at any time and without prior notice to you.
You may purchase original artworks listed by Artist Members on the Website. When you purchase an original artwork listed by an Artist Member on the Website, you are purchasing the original artwork from the Artist Member via ARTRIS, no matter the artwork is included in an online exhibition hosted by a Gallery/Curator Member or not.
You acknowledge that the sale price specified on the listings does not include shipping charge or any applicable tax for which you are responsible. You should provide ARTRIS with your billing address and shipping address which ARTRIS will pass to the Artist Member so he/she will ship the original artwork you purchased directly to you.
For each of the original artworks you order, the Artist Member may suggest you the shipping charge within 7 days following the date of your sale order. If you agree to pay the shipping charge suggested by the Artist Member, you should pay the total price, that is the sale price plus the shipping charge, within 7 days following the date you were informed of the shipping charge. Otherwise, your sale order may be cancelled.
You may purchase reproduced artworks listed by Artist Members on the Website. When you purchase a reproduced artwork listed by an Artist Member on the Website, you are purchasing the reproduced artwork directly from ARTRIS.
You acknowledge that the sale price specified on the listings does not include shipping charge or any applicable tax for which you are responsible. You should provide ARTRIS with your billing and shipping addresses which ARTRIS will use to ship the reproduced artwork that you purchased directly to you.
For each of the reproduced artworks you order, ARTRIS offers the shipping charge via the ARTRIS preferred shipper using the shipping information provided by you. The shipping charge offered by ARTRIS represents a competitive price for all shipping and insurance fees for a purchased item.
From the date the purchased original or reproduced artwork is delivered to you, you have 7 days to decide whether to keep or return the artwork. If you decide to return the artwork, you should ship out the artwork within 7 days after notifying ARTRIS via the Contact Us form (www.artris.com/support/contactus) that you want to return the artwork. You should not ship out the artwork before ARTRIS advise you to do so. If you do not notify ARTRIS of your intent to return the artwork within 7 days of receipt or you do not ship the artwork within 7 days after notifying ARTRIS of your intent to return the artwork, you may not be eligible for a refund.
You are responsible for payment of shipping the artwork back to the seller in its original condition. Note that the seller is: a) the Artist Member identified on the listing if you are returning an original artwork; or b) ARTRIS if you are returning a reproduced artwork. Upon receipt of your return, ARTRIS will investigate and process your return. If your return is in its original condition, the amount equivalent to the sale price less international customs fees, if any, will be refunded to your PayPal account in US Dollars within a commercially reasonable time. If your return is not in its original condition or if your return is undelivered, you will be entirely responsible for any damage or loss of the artwork. Please note that ARTRIS does not reimburse the outgoing or return shipping charge unless the return is due to a defect in quality.
For residents in South Korea, payments to ARTRIS are processed via a Korean payment gateway in Korean Won, and payments from ARTRIS are processed via bank transfer in Korean Won.
For residents outside South Korea, all payments are processed via PayPal in US Dollars. If you do not have a PayPal account, you cannot send or receive payments to or from ARTRIS.
For promoting sales of products and services on the Website, ARTRIS may issue electronic vouchers (hereafter “Vouchers”) that can be redeemed only on the Website under the following conditions:
ARTRIS reserves the right to cancel any order for an original or reproduced artwork placed on the Website at any time if ARTRIS determines in its sole discretion that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed on the Website. When an order is cancelled, the Collector Member will not be charged for the order, and the Artist Member and/or the Gallery/Curator Member will not be entitled to any compensation from the sale.
All prices, commissions, fees and other amounts referred to in the TOS, including any prices, commissions and fees set forth on the Website, are stated in U.S. Dollars and do not include any sales tax, use tax, value added tax or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, "Taxes"). You acknowledge you are entirely responsible for paying all Taxes. You must pay the Taxes ARTRIS is required to withhold, but failure of ARTRIS to withhold the Taxes will not relieve your obligations. You must determine, pay, collect, remit and report to the appropriate taxing authority the correct amount of all Taxes payable upon export of an artwork from its country of origin and import into other country.
If you are an Artist Member or a Gallery/Curator Member, you acknowledge that ARTRIS may withhold the Taxes from the payments ARTRIS makes to you. If you are an Artist Member living outside South Korea, you must fill out and send us a Tax Form No. 29-12 prior to any payments ARTRIS makes to you so that a reduced tax rate under the relevant tax treaty between South Korea and your country may be applied. Otherwise, ARTRIS may withhold at the maximum Tax Rate.
If you are a Collector Member, you acknowledge that ARTRIS may add Taxes to the amounts charged, as a separate charge, when required or when allowed to do so.
You understand and agree that ARTRIS uses commercially reasonable methods to display the colors of original and reproduced artworks accurately on the Website. However, because individual computer monitors may display colors differently, ARTRIS is not responsible for the color accuracy of any original or reproduced artworks displayed on the Website, and disclaims all liability in this regard.
We welcome and encourage you to provide feedback, comments or suggestions for improvements of the Website (hereafter “Feedback”) by contacting ARTRIS at (www.artris.com/support/contactus). You acknowledge and agree that all your Feedback will be the exclusive property of ARTRIS and you hereby agree to irrevocably assign to ARTRIS all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
ARTRIS grants you a personal, non-transferable and non-exclusive license to access and use the Website. You acknowledge and agree that ARTRIS strictly prohibits any other use of any content available on the Website, including but not limited to the following:
ARTRIS will have the right to investigate and prosecute violations of any of the above and may cooperate with law enforcement authorities in prosecuting users who violate the TOS. You acknowledge that ARTRIS has no obligation to monitor your access to or use of the Website or to remove any content, but has the right to do so for the proper operation of the Website. ARTRIS reserves the right, at any time and without prior notice, to remove or disable access to any content that ARTRIS, at its sole discretion, considers to be in violation of the TOS.
The Website may contain links to third-party websites or resources. These links are provided as a convenience to you and as an additional access to the information contained therein. You acknowledge and agree that ARTRIS is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or other materials on or available from such websites or resources. Inclusion of links to such websites or resources must not be viewed as an endorsement by ARTRIS of such websites or resources or the content, products, or other materials available on or from such websites or resources. ARTRIS is not responsible or liable, directly or indirectly, for any damage or loss caused in connection with your use of such websites or resources.
If you breach any of the TOS, ARTRIS may terminate your Account or terminate the TOS, at its sole discretion, without prior notice to you. ARTRIS reserves the right to revoke your access to and use of the Website at any time, for any reason. You agree that ARTRIS shall not be liable to you or any third-party for any termination of your access to and use of the Website.
THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS AND ARTRIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.
ARTRIS MAKES NO WARRANTY THAT: (i) THE WEBSITE AND ITS CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
ARTRIS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES OR OTHER FORMS OF CONTAMINATION OR DESTRUCTIVE FEATURES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE OR DATA DUE TO YOUR ACCESS TO OR USE OF THE WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE WEBSITE OR ANY LINKED WEBSITES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ARTRIS OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE REMAINS WITH YOU. IN NO EVENT SHALL ARTRIS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE AND THE CONTENT THEREIN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OR USERS OF THE WEBSITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARTRIS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree to defend, indemnify and hold ARTRIS harmless from and against any claims, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising from or related to your use of the Website.
All trademarks, service marks, logos, trade names and any other proprietary designations of ARTRIS used herein are trademarks or registered trademarks of ARTRIS. Without prior written permission from ARTRIS, you agree not to display or use in any manner, the ARTRIS trademarks.
The TOS constitute the entire and exclusive understanding and agreement between ARTRIS and you, govern your use of the Website, and supersede and replace any and all prior oral or written agreements between ARTRIS and you. The TOS and any action related thereto shall be governed by the laws of the Republic of Korea without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of the TOS will be the courts located in the Republic of Korea and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The failure of ARTRIS to enforce any right or provision of the TOS will not constitute a waiver of future enforcement of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the TOS must be filed within one year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
If you have any questions about the TOS, please contact ARTRIS at www.artris.com/support/contactus.