TERMS OF SERVICE
GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES AVAILABLE THROUGH THE FINE ARTZ WEBSITE
Last Updated on 08 January 2017
- ACCEPTANCE OF THE TERMS
Thank you for using FINE ARTZ. These General Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the FINE ARTZ website at https://fineartz.com/ (the “Website”), including but not limited to delivery of goods and information via the Website.
Please read these Terms carefully.
By accessing or using the Website, you are agreeing to these Terms and concluding a legally binding contract with FineArtz Ltd. a company incorporated and existing under the laws of England and Wales. Do not access or use the Website if you are unwilling or unable to be bound by the Terms.
You can accept the Terms by:
- Clicking to accept or agree to the Terms, where it is made available to you in the user interface of the Website; or
- Actually using the Services. In this case, you understand and agree that FINE ARTZ will treat your use of the Services as an acceptance of the Terms.
FineArtz Ltd. is a commercial company, providing the Services offered through the Website.
"We" or "us" refers to FineArtz Ltd.
FINE ARTZ.COM is a web-based Internet platform, owned by FineArtz Ltd., a company incorporated and existing under the laws of England and Wales, registered in the Companies House under registration number 04997814, with Postal address FineArtz, PO Box 6601, Coventry, CV3 9QH, United Kingdom, which enables users to use the Services of the Website, which are the subject of these Terms of Service.
FineArtz does not have possession of any artwork listed or sold through the Website, and only facilitates the actual transaction between buyers and artists.
"User" or "you" or "your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, uploading information, viewing pictures or purchasing pieces of art and includes other persons jointly participating in using the Services, including without limitation a user having access to the User Account features of the Website.
"Services" include any and all services, which FINE ARTZ may offer to the User, through the Website, including the possibility to purchase pieces of art.
"User Account" is a separate part of the Website, containing User information required by FINE ARTZ during registration. The User Account is accessed by the User through entering an email and a password.
"Content" will include (but is not limited to) images, photos, audio, video, location data, 'nearby places', and all other forms of information or data.
"Your Content" or "User Content" is the content, submitted by you, as a User of the Website. It includes, but is not limited to what you upload, share or transmit to, through or in connection with the Services, such as reviews, images, photos, User Account information, messages to Artists submitted via the Website, and any other materials that you publicly display or are displayed in your User Account profile.
FINE ARTZ Content
"FINE ARTZ" means content that FINE ARTZ creates and makes available in connection with the Services, including, but not limited to: visual interfaces, interactive features, graphics, design, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with the activities associated with your User Account and all other elements and components of the Services excluding Your Content and third party content. "Third Party Content" means content that comes from parties other than FINE ARTZ or its Users and is available in or through the Services, such as, sometimes, photos of the pieces of art, as well as the pieces of arts themselves.
- USING THE SERVICES
You hereby represent and warrant that you are at least thirteen (18) years of age or above and are fully able and competent to understand and agree with the terms and conditions, obligations, affirmations, representations, and warranties set forth in those Terms.
Compliance with the laws
You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and the applicable law and in a manner that does not violate our legal rights or those of any third parties.
The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create a User Account and provide certain information about yourself in order to use (some of) the Services that are offered to you through the Website. You are responsible for maintaining the confidentiality of your User Account password. You are also responsible for all activities that occur in connection with your User Account. You agree to notify us immediately of any unauthorized use of your User Account. We reserve the right to close your User Account at any time for any or no reason.
Communications from FINE ARTZ
By creating a User Account, you agree to receive certain communications in connection with the Website.
- CHANGES TO THE TERMS
FINE ARTZ may amend, change or update these Terms of Service, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms.
- TRANSLATION OF THE TERMS
FINE ARTZ may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with FINE ARTZ. In case there are any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms shall prevail.
Responsibility for Your Content
You are responsible for the content you publish. You assume all risks associated with the content you publish, including anyone's reliance on its quality, accuracy, or reliability, disclosure or truthfulness of information. You represent that you are competent to publish content. You may not imply that the content published is in any way motivated, sponsored or endorsed by FINE ARTZ.
You may expose yourself to liability if, for example, the content you publish contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including hate speech or pornography; harms minors; or violates or advocates the violation of any law or other legal regulation.
If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual experience that you had using the Website and its Services; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to post a review that was not a fair expression of your honest opinion. User reviews do not reflect the opinion of FINE ARTZ.
Right to use Your Content.
By submitting Your Content, you hereby irrevocably grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use the published content on the territory of the European Union. This includes the right to sub-license and transfer.
By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works.
You irrevocably waive, any claims and assertions of moral rights with respect to Your Content brought against us, any third party services and our and their users.
Ownership of Content
As between you and FINE ARTZ, you own Your Content. We own the FINE ARTZ Content, including, among others, visual interfaces, interactive features, graphics, design, compilations, including (but not limited to) our database of user content and other Website Content, computer code, software, images, aggregate user review ratings, and all other elements and components of the Website, excluding User Content and Third Party Content. We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights ("IP Rights"), associated with the FINE ARTZ Content, the Website. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the FINE ARTZ Content, in whole or in part, except as expressly authorized by us.
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Users in our sole discretion.
Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including reviews) or engage in any activity that, in our sole discretion:
- Violates any third party's rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Violates those Terms;
- Violates any applicable law;
- Threatens, harms, harasses others, or promotes discrimination;
- Promotes a business or other commercial venture or event, or otherwise uses the Website for commercial purposes;
- Engages in keyword spamming, or otherwise attempts to manipulate the Website's search results;
- Solicits personal information from minors, or submits or transmits pornography.
Apart from that, the User agrees not to:
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the Website or its Content.
- Use any robot, spider, site or mobile app search/retrieval application in the Website;
- Make attempts to reverse engineer any portion of the Website;
- Remove or modify any IP rights notice that appears on any portion of the Website or on any materials printed or copied from the Website;
- Record, process, or mine information about other Users and clients;
- Attempt to gain unauthorized access to the Website, computer systems or networks connected to the Website, through hacking, password mining or any other means;
- Use the Website or any Content to transmit any computer viruses, worms, Trojan horses or other items that could be of a destructive nature (collectively, "Viruses").
When a particular action is not explicitly referred to in this clause, but is an obvious violation of Art. 7, the clause should be interpreted broadly, in favour of FINE ARTZ, and this action should be considered as if it was included in this clause.
- RELATIONSHIP WITH OTHER GUIDELINES AND POLICIES
Please have a careful look at our Privacy and Cookie Policies to learn more about the way we process and handle your personal information.
- THIRD PARTY WEBSITES AND CONTENT
The Services may contain, or you may be sent through the Website to, links to other websites (“Third Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and Third Party Content. Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, safety or completeness by FINE ARTZ and FINE ARTZ is not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website.
You agree that we are not responsible for the availability or Third Party Content of such Third Party Websites. Your use of Third Party Websites is solely at your own risk.
The Services may be supported by advertising revenue and may display advertisements and promotions.
Parts of the Website may contain such advertising information or promotional material or other material submitted to FINE ARTZ by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with the applicable international and national laws is on the party providing the information/material. Your correspondence or business dealings with, as well as the participation in promotions of, advertisers other than FINE ARTZ, found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. FINE ARTZ will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertisers on the Website.
- USER FEEDBACK. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, against FINE ARTZ and its users, any claims and assertions of any moral rights contained in such Feedback.
- PAYMENT, DELIVERY AND RETURNS
Payment can be done by exclusively by Paypal. All credit/debit cardholders are subject to validation checks and prior authorisation by the card issuer. If you are not using your own credit/debit card to pay for the order, you must ask the permission of the credit/debit cardholder before entering the payment details. By clicking "Submit" you are confirming that you have obtained the express prior permission of the credit/debit cardholder. Following clearance, payment will be debited from your account upon receipt of your order by FINE ARTZ.
If the issuer of your payment card refuses to authorise payment FineArtz Ltd., we will not be able to process your subscription request or order and a message will appear informing you that the transaction cannot be processed. FineArtz Ltd., together with its business partners, takes all reasonable care to ensure that its payment system is secure. All payment card transactions made through the Website are processed using Stripe online payments and pass through a secure online payment gateway (Secure Socket Layer (SSL) technology) that encrypts your card details in a secure hosting environment. We do not hold your payment card details on the FineArtz Ltd. server.
As a User, you may purchase pieces of art that are listed by third parties on the Website. When you purchase such an artwork through the Website and the Services, you are purchasing the work directly from that third party. Prices for artworks will be as specified on the applicable listing. You acknowledge that prices do include shipping and handling charges, but not applicable taxes, if any, for which you are responsible and which will be separately identified on your receipt. FINE ARTZ and/or its third party service providers will collect your billing and shipping information and process your payment. The third party identified on the listing of the work of art will ship the purchased work directly to you. Purchases may also be subject to the terms and conditions of the applicable third party, who sells a given artwork, which will be presented to you at the time of purchase.
Delivery is chosen by artists and available within the territory of countries without art embargoes or war-torn countries when international shipping is displayed or within the artist’s own country of residence. Orders are usually processed immediately or within 5 business days.
We grant every User with the right to return their purchases within 14-days if they change their mind for the purchased artwork. In order to return a purchase, the piece of art needs to be undamaged and in its original condition. Upon return of a given product, the User is entitled to receive a full refund, excluding outbound shipping and insurance costs, which shall be borne by the buyer. Refunds are processed using the same means as the user employed for paying for their purchase. FINE ARTZ shall not be liable for any return post and packaging costs, which shall be beard by the User returning the piece of art.
You are responsible for maintaining the confidentiality of your username, password and your User Account, as well as all activities that occur under your User Account.
You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the above mentioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Website and/or your User Account. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT, PERMITTED BY THE APPLICABLE LAW, FINEARTZ LTD. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FACT THAT: (I) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE MAY BE TRADED OR SUITABLE FOR A SPECIFIC PURPOSE, (II) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION AND ERRORS, (III) DEFECTS WILL BE RECTIFIED, (IV) THERE ARE NO BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, FOLLOWING THE ACTIONS OF THIRD PARTIES, (V) THE SECURITY METHODS USED WILL BE SUFFICIENT FOR THE PROTECTION OF THE SERVICES AND THEIR USERS, AND (VI) WITH REGARD TO THE CORRECTNESS, ACCURACY OR RELIABILITY, THERE WILL BE NO LOSS OF DATA, CONTENT OR INFORMATION.
DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, TABLET OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. FINE ARTZ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE FINE ARTZ SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THE COMMUNICATION WITH FINE ARTZ, WHETHER WRITTEN OR ORAL, IN CONNECTION TO, TROUGH THE OR AS A RESULT OF USING THE SERVICES SHALL NOT CREATE ANY WARRANTIES NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING, YOU AGREE THAT WHEN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, TRADE NAME OR LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY TO CAUSE CONFUSION ABOUT THE OWNER OF SUCH MARKS, NAMES OR LOGOS.
FINE ARTZ MAKES NO PROMISES WITH RESPECT TO ANY THIRD PARTIES THAT CAN BE SEEN ON THE WEBSITE. FINE ARTZ IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH OUR SERVICES OR ANY OTHER GOODS OR SERVICES PROMOTED OR FEATURED ON THE WEBSITE.
YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK.
FINE ARTZ'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE ACTUAL OUT-OF-POCKET AMOUNT PAID BY YOU TO FINE ARTZ FOR ACCESSING THE WEBSITE OR THE SERVICES.
FINE ARTZ ONLY ACTS AS AN INTERMEDIARY BETWEEN ARTISTS AND USERS, WHICH IS WHY FINE ARTZ LTD CANNOT BE HELD LIABLE FOR THE QUALITY OF ANY PIECE OF ART, ANY DAMAGE TO SUCH ARTWORK OR ITS PRICE.
FINE ARTZ DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS AND RESULTING DAMAGE, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA.
- DISPUTE RESOLUTION
You agree that any and all disputes and claims, arising out of or in connection with these Terms, the Website and the Services shall be resolved individually, without resort to any form of class action.
Any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to FINE ARTZ for accessing the Website and the Services, but in no event attorneys' fees; and under no circumstances you will be permitted to obtain awards for, and each User hereby waives all rights to claim punitive, incidental, consequential damages or any other damages other than actual out-of-pocket expenses for using the Services of FINE ARTZ.
This Agreement and all rights and obligations in connection with it are governed by the laws of England and Wales. Any disputes between the Parties arising from this Agreement shall be heard and determined by the competent court of England and Wales.
- You may terminate the Terms at any time by closing your User Account, discontinuing your use of the Website or providing FINE ARTZ with a notice of termination.
- We may close your User Account, suspend your ability to use certain portions of the Website and/or ban you altogether from using the Services for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing your User Account, the Website, Your Content, FINE ARTZ Content and/or any other related information.
- In the event of any termination of these Terms, whether by you or us, Sections 2, 6, 7, 9, 12, 13, 14, 15, 16 and 17 will continue in full force and effect, including our right to use Your Content as detailed in the provisions of Section 6.
- GENERAL TERMS
- We reserve the right to amend, update, or discontinue the Website at our sole discretion, at any time, with or without reason, and without notice or liability.
- We may provide you with notices, including those regarding changes to the Terms, by email or through the Website.
- Except as otherwise stated in Section 9 above, nothing in those Terms is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms contain the entire agreement between you and FINE ARTZ regarding the use of the Website.
- If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated so that the Terms shall otherwise remain in full force and effect.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
In order to address a question, to resolve a complaint regarding the Website or the FINE ARTZ Services, or to receive further information regarding the Services, please contact FINE ARTZ using one of the following methods:
Address: PO Box 6601, Coventry, CV3 9QH
Telephone: +44 (0) 333 006 5454